In the Mitchell v Leach et al. decision, the issue of the sale of a matrimonial home was examined. The court reiterated that joint tenants may compel the sale of a matrimonial home under Partition Act. If a party wishes to object the sale of the matrimonial home, it must demonstrate the vexatiousness or oppressiveness of the person seeking the sale. The onus to prove the same is on the person objecting the sale and this is done on a balance of probabilities.
The threshold for the halting the sale is high and is limited to circumstances of “malice, oppression and vexatious intent”. A mere inconvenience or financial difficulty is not sufficient to deprive someone of their right to force a sale. The sale must constitute a hardship on the person objecting the sale.
http://www.canlii.org/en/on/onsc/doc/2015/2015onsc6041/2015onsc6041.html