What is the test for a joint tenant opposing the sale of a matrimonial home?
Ontario, Canada
The following excerpt is from Small v. Small, 2021 ONSC 4040 (CanLII):
Unless the joint tenant party opposing the sale can demonstrate that there is malicious, vexatious or oppressive conduct on the part of the moving party seeking the sale of the matrimonial home, the court’s discretion should be exercised in favour of the moving party requiring the sale of the property: Marchese v. Marchese, 2019 ONCA 116, at para 5.
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