What is the legal test for severance of a joint tenancy?
Manitoba, Canada
The following excerpt is from Gorski v. Gorski, 2011 MBQB 125 (CanLII):
In Jurevicius v. Jurevicius, 2011 ONSC 696, Kruzick J., summarized the ways severance of a joint tenancy can occur as follows: (i) by one person acting on his or her own share; (ii) by mutual agreement; or (iii) by any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common. (Paragraph 20.)
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