What is the test for oppressive conduct when a court orders the sale of a home in a separation agreement?
Ontario, Canada
The following excerpt is from Aragon v. Sobon, 2021 ONSC 6516 (CanLII):
When considering oppressive conduct, the court may consider whether the sale of the home would cause hardship to the opposing party or the children. For example, it would constitute oppressive conduct if the opposing party did not have the ability to find somewhere else to live or the children would be deprived of a place to live: Kaing v. Shaw, 2017 ONSC 3050, 94 R.F.L. (7th) 396, at para. 34.
"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 the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (Ontario, Canada)
When will a court order that the parties of a child separation action be liable for the costs of the children's separation costs? (Ontario, Canada)
What is the test for a court to order a temporary order or custody order in a custody matter? (Ontario, Canada)
When one parent is subject to a deportation order, can the court order a non-removal order? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
Does a temporary order put in place by the court as a "temporary order" when the motion before the court is adjourned have any effect? (Ontario, Canada)
What is the test for a court to determine if a parent who has been ordered to pay child protection funds for the past 10 years will not comply with the terms of the court order? (Ontario, Canada)
In a COVID-19 separation case, what is the role of the court in assessing the parenting standards of the separated parents? (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 test for enforcement of a request to obtain an order from a court in Canada from a foreign court? (Ontario, Canada)
