Is a jointly owned farm property and jointly owned woodlot a farm and/or a business?

Ontario, Canada


The following excerpt is from Urness v. McDonald, 2022 ONSC 1697 (CanLII):

A recent decision, White v. White, 2021 ONSC 6018, is instructive. Tellier J. held that a jointly owned farm property and a jointly owned woodlot were farms and/or a business. Section 11 applied. However, she held, at para. 50, that s. 11: is not a complete defence to a motion for partition and sale under the Partition Act. Rather, the likelihood that the remedies available to parties under section 9 might apply in any particular case must be balanced against the moving spouse's right to sell a jointly owned businesses or farm and to do so in a manner that achieves the highest market value.

Other Questions


Can a husband who is joint owner of a jointly owned property obtain a sale remedy against his estranged wife? (Ontario, Canada)
Is a joint owner of a property a prima facie right to have the property sold? (Ontario, Canada)
Is there clear evidence of a common intention that the properties be jointly owned? (Ontario, Canada)
What is the test for ordering the sale of all jointly owned property? (Ontario, Canada)
Can a couple who lived in the same house jointly contribute more towards the carrying costs of their jointly owned home? (Ontario, Canada)
In what circumstances have courts described significant failure to make financial disclosure, concealing assets or income, and disposing of jointly owned property unilaterally? (Ontario, Canada)
How has the equalization of a jointly owned cottage been calculated in the calculation of matrimonial property? (Ontario, Canada)
In what circumstances will a court refuse to order the sale of a jointly owned property? (Ontario, Canada)
In what circumstances will the Respondent be denied permission to sell a jointly owned property? (Ontario, Canada)
Can an equitable receiver pursue an application to sell jointly owned property? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.