Does a court have to consider whether a partition and sale to the opposing party would cause hardship to the resisting party?
Ontario, Canada
The following excerpt is from Morris v Donegan, 2015 ONSC 3360 (CanLII):
The authorities have also held that the court may consider whether the partition and sale would cause such hardship to the resisting party to amount to oppression: Bailey v. Rhoden, 2008 CanLII 42427 (S.C.J.). I am of the view that this factor requires the court consider any evidence on the effect of the sale to the adverse party to determine if the combined cause-and-effect of the sale amounts to oppression.
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