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Court of Appeal allowed the appeal and set aside a mandatory injunction requiring a co-owner to cooperate in demolition and rebuilding after a house fire.
The court dismissed claims based on alleged oral agreements about a jointly owned farm and a post-fire rebuild arrangement, but allowed a purchase of the defendant’s share after accounting.
The court reapportioned the Mathers’ interest in the matrimonial home 75/25 in Marci Mather’s favour, set child support at $1,204 monthly, and ordered property and debt division.
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