What is the test for a judicial order for the sale of a property prior to trial?
Ontario, Canada
The following excerpt is from S.B. v. W.B., 2020 ONSC 5023 (CanLII):
In Goldman v. Kudeyla, 2011 ONSC 2718, 5 R.F.L. (7th) 149, McGee J. provides a summary of the law with respect to a judicial order for the sale of a property prior to trial. She states at para. 17: A property owner, whether the holder of an exclusive interest or a joint interest has a prima facie right to sale. When the property consists of an interest in a matrimonial home, that prima facie right is subject to any competing interests under the Family Law Act that would otherwise be defeated.
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