“Counsel for Mr. Rastkar relies on the decision in Martin v Martin (1992), 1992 CanLII 7402 (ON CA), 38 R.F.L. (3d) 217 (Ont. C.A.) to argue that once a court makes an order that a jointly owned matrimonial home is to be sold, the court cannot grant either owner a right of first refusal without the consent of the other. This applies equally to a matrimonial home. Once the home is ordered to be sold, each spouse is entitled to receive a fair market value for his or her interest in it.
In other words, if either Mr. Rastkar or Ms. Soltani wish to purchase the matrimonial home from the other, each must compete with other interested purchasers and do so without any inside information as to the other offers made. The caselaw makes clear that the owner must participate in the bidding process and comply with all the formalities of that process as would any other third party bidder and the home should be sold to whoever makes the highest offer within that fair process: Howard v Howard, 2022 ONSC 6915 at para 50.”