Does a court have discretion to order the sale of a residential property at the request of a life tenant?
Ontario, Canada
The following excerpt is from Rolston v Rolston, 2016 ONSC 2937 (CanLII):
Like Justice Dupont in Morris v. Howe, supra, if I am wrong that the law of Ontario does not permit a court to order sale of lands at the request of a life tenant, in the face of reasonable opposition by those holding the remainder interest, I would exercise my discretion against the request in any event, having regard to the circumstances.
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