The appellant appealed an order directing the sale of a co-owned rental property pursuant to the Partition Act.
The appellant argued the application judge erred by refusing an adjournment, disregarding his right of first refusal under a co-ownership agreement, and providing inadequate reasons.
The Divisional Court dismissed the majority of the appeal, finding no error in the refusal of the adjournment and concluding the right of first refusal did not apply because the parties had already agreed to sell the property.
The appeal was allowed only to correct a minor error in the order regarding the holding of net proceeds in trust.
