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Tag: court of appeal

REAL ESTATE LAW UPDATE: Can the Court Refuse a Remedy Under the Partition Act?

In a past article, it was discussed that under the Partition Act R.S.O. 1990 (the “Act”) one has a prima facie right to partition or sell a co-owned property in which they have legal and or an equitable interest in.  The presumption is in favour of a partition rather than a sale, however, a sale can be ordered if partition is impossible and if a sale is more advantageous to the parties.  The courts cannot refuse a partition or sale as long as the intent of compelling such is not vexatious, oppressive or malicious.  A recent case from the Ontario Court of Appeal examined what constitutes oppressive conduct in relation to when the remedy available under the Act may be denied.Garfella Apartments Inc. v. Chouduri et. Al. 2010 ONSC 3414 (“Garfella”) is an interesting case in that it deals with an apartment building with a peculiar ownership arrangement.  In Ontario, most apartment buildings are owned by a company (or perhaps several companies) and each unit is rented to tenants.   Another common form of apartment building ownership is a condominium whereby every apartment unit is completely owned by a person(s) and the condominium corporation would manage the entire building but the building is not owned by a

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WHERE TO SUE AND WHICH COURT?

Litigation may be defined as the conduct of a lawsuit in a court of law; and to do that it is necessary to be aware of the jurisdiction, organization and a host of other things relating to the courts in the area or the province.Litigating in OntarioIn Ontario, the organization of the court system is outlined through the Courts of Justice Act, a statute of eight parts (Part III of which was

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Does a Hot Tub in Your Condominium Back Yard or Terrace Need Approval?

Case analysis on the Ontario Court of Appeal decision and interpretation of Section 98 of the Ontario Condominium Act, specifically deals with an owner needing approval from the condominium board for any addition, alteration or improvement to the common elements. The court found that the installation of a hot tub did not need approval by the board subject to section 98.

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