Turning to Mills v. Petrovic, he noted that the facts of the case were not given in any detail, but there was some evidence that the defendants had been attempting to sell the house that they jointly owned and "one can surmise that it was being alleged that some of the money stolen went into the purchase of the home" (at p. 521 O.R.). He also noted that there were observations by Galligan J. that may have reflected a finding that theft had been committed. He concluded, at p. 521 O.R., "It may be that the facts justified the order made, but, in any event, that is not this case."
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