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The courts have spoken, so why are spouses fighting for a right of first refusal?

Monday, September 18, 2017 @ 9:23 AM | By Ella Aiaseh

Twenty-five years ago, the Ontario Court of Appeal in Martin v. Martin, [1992] O.J. No. 656 made it clear that there is no right of first refusal for one spouse to purchase the other's interest in a jointly owned property. The court may order the sale of the jointly held property before a trial pursuant to the Partition Act, if the issues under the Family Law Act — specifically those relating to ownership disputes or prejudice to the rights of the parties — have been resolved....