A recent decision, White v. White, 2021 ONSC 6018, is instructive. Tellier J. held that a jointly owned farm property and a jointly owned woodlot were farms and/or a business. Section 11 applied. However, she held, at para. 50, that s. 11: is not a complete defence to a motion for partition and sale under the Partition Act. Rather, the likelihood that the remedies available to parties under section 9 might apply in any particular case must be balanced against the moving spouse's right to sell a jointly owned businesses or farm and to do so in a manner that achieves the highest market value.
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