Does a joint tenant have a prima facie right to an order for the sale or partition of lands held with another joint tenant?
Ontario, Canada
The following excerpt is from Kaphalakos v Dayal, 2016 ONSC 3559 (CanLII):
The motion judge relied on Afolabi v. Fala, 2014 ONSC 1713 (CanLII), for the principle that a joint tenant has a prima facie right to an order for the partition or sale of lands held with another joint tenant.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a joint tenant have a prima facie right to sale prior to trial? (Ontario, Canada)
Is a joint owner of a property a prima facie right to have the property sold? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
What is the burden of proving a prima facie case of discrimination in a human rights case? (Ontario, Canada)
What is the test for obtaining an order for partition or sale under the Partition Act? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
What are the consequences of a Director's Delegate's Order and Order to quash or to set aside or quash the two orders and decisions? (Ontario, Canada)
What is the scope of an easement where a tenant of a tenement wishes to change the character of the land so that the land can be used for a different purpose? (Ontario, Canada)
What is the test for a partition or sale order under section 2 of the Partition Act? (Ontario, Canada)
