Does a joint tenant have a prima facie right to sale prior to trial?
Ontario, Canada
The following excerpt is from Sahebolamri v. Sahebolamri, 2018 ONSC 5691 (CanLII):
The law dealing with partition and sale is clear. A joint tenant has a prima facie right to sale prior to trial. This right exists unless the other joint tenant has made claims that would be prejudiced if the property is sold. The party that resists the application for sale, should have an order for exclusive interim possession, or be able to show that the claims she intends to put forward at trial will be prejudiced by an immediate sale. Batler v. Batler (1988), 1988 CanLII 4726 (ON SC), 18 R.F.L. (3d) 211 (Ont. H.C.).
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