In what circumstances will the Respondent be denied permission to sell a jointly owned property?
Ontario, Canada
The following excerpt is from Garfella Apartments Inc. v. Chouduri, 2010 ONSC 3413 (CanLII):
In my view, the respondents have established hardship that goes beyond inconvenience or financial difficulty and which meets the test set out in Davis v. Davis and Greenbanktree. That hardship is similar in nature to a number of the family law cases in which a spouse in an advantaged position was not permitted to sell the co-owned property to the detriment of the disadvantaged spouse.
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