Barry v. Barry, 2020 ONCA 321

JurisdictionOntario
JudgeFeldman, Lauwers and Huscroft JJ.A.
Citation2020 ONCA 321
Docket NumberC67550
CourtCourt of Appeal (Ontario)
Date27 May 2020
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6 practice notes
  • Court Of Appeal Summaries (May 25 ' 29, 2020)
    • Canada
    • Mondaq Canada
    • June 10, 2020
    ...Accountants of Ontario, 2016 ONCA 806, Penner v. Niagara (Regional Police Services Board), [2013] 2 S.C.R. 125 Barry v. Barry, 2020 ONCA 321 Keywords: Family Law, Equalization of Net Family Property, Matrimonial Home, Sale, Right of First Refusal, Civil Procedure, Appeals, Jurisdiction, Fin......
  • Matrimonial Property Rights
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...of the Act, section 24(4) requires the court to determine the best interests of a child having regard to: 352 See also Barry v Barry, 2020 ONCA 321; Hamilton v Hamilton, 2021 ONSC 353 Dhaliwal v Dhaliwal, 2020 ONSC 3971. 354 See Keyes v Keyes, 2015 ONSC 1660; Nolan v Nolan, 2017 ONSC 4465; ......
  • Levine v. Levine,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 21, 2021
    ...right of first refusal in respect of the sale of the Property.  The views expressed by the Ontario Court of Appeal in Barry v Barry, 2020 ONCA 321, para.9, are As this court explained in Martin v. Martin (1992), 8 O.R. (3d) 41 (Ont. C.A.), a right of first refusal is a substantive righ......
  • Urness v. McDonald,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 17, 2022
    ...to the best price for jointly owned property. [16]       Mr. Murray also pointed me to Barry v. Barry, 2020 ONCA 321, where the Court of Appeal held it was wrong for the trial judge to grant the respondent the right to purchase the matrimonial home after obtain......
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4 cases
  • Levine v. Levine,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 21, 2021
    ...right of first refusal in respect of the sale of the Property.  The views expressed by the Ontario Court of Appeal in Barry v Barry, 2020 ONCA 321, para.9, are As this court explained in Martin v. Martin (1992), 8 O.R. (3d) 41 (Ont. C.A.), a right of first refusal is a substantive righ......
  • Urness v. McDonald,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 17, 2022
    ...to the best price for jointly owned property. [16]       Mr. Murray also pointed me to Barry v. Barry, 2020 ONCA 321, where the Court of Appeal held it was wrong for the trial judge to grant the respondent the right to purchase the matrimonial home after obtain......
  • Collini v. Collini, 2020 ONSC 3924
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 25, 2020
    ...could not, in effect, create a right of first refusal by ordering one party to sell his or her property to the other: Barry v. Barry, 2020 ONCA 321. The Applicant would have to compete with every other buyer on the open market. Her eventual purchase of the property is not inevitable whateve......
  • Howard v. Howard,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 7, 2022
    ...Akman v. Burshtein [2009] O.J. No. 1499, 2009 CarswellOnt 1941, at para. 40. As stated by the Ontario Court of Appeal in Barry v. Barry, 2020 ONCA 321, at para 9: “if the respondent seeks to purchase the matrimonial home, he must compete with any other interested purchaser.” 5......
1 firm's commentaries
  • Court Of Appeal Summaries (May 25 ' 29, 2020)
    • Canada
    • Mondaq Canada
    • June 10, 2020
    ...Accountants of Ontario, 2016 ONCA 806, Penner v. Niagara (Regional Police Services Board), [2013] 2 S.C.R. 125 Barry v. Barry, 2020 ONCA 321 Keywords: Family Law, Equalization of Net Family Property, Matrimonial Home, Sale, Right of First Refusal, Civil Procedure, Appeals, Jurisdiction, Fin......
1 books & journal articles
  • Matrimonial Property Rights
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...of the Act, section 24(4) requires the court to determine the best interests of a child having regard to: 352 See also Barry v Barry, 2020 ONCA 321; Hamilton v Hamilton, 2021 ONSC 353 Dhaliwal v Dhaliwal, 2020 ONSC 3971. 354 See Keyes v Keyes, 2015 ONSC 1660; Nolan v Nolan, 2017 ONSC 4465; ......

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