What is the test for a common tenancy in common?
Ontario, Canada
The following excerpt is from Gorecki Estate v. Gorecki, 2015 ONCA 845 (CanLII):
The application judge applied the correct legal test set out in Hansen Estate v. Hansen, [2012] ONCA 112, at para. 34: “Was there a course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common.” This was described as an “intensely fact specific inquiry” and accordingly attracts deference on appeal.
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