“The court does not have the authority to grant a spouse the right to purchase the other’s interest in the matrimonial home or the right of first refusal: Martin v. Martin, 1992 CanLII 7402 (ON CA), [1992] 8 O.R. (3d) 41.
In Brienza, Perell J. summarized the law at paras. 37 and 38:
The court does not have the jurisdiction to compel one co-owner to sell to the other, although the co-owners may participate in the court-ordered sale of the property in the open market; Osborne v. Myette, [2004] O.J. No. 3383 (S.C.J.); Legg v. Draper-Legg, [2004] O.J. No. 606 (S.C.J.); Greenbanktree Power Corp. v. Coinamatic Canada Inc., supra.
The court does not have the jurisdiction under the Partition Act to grant a right of first refusal to either co-owner: Dibattista v. Menecola (1990), 1990 CanLII 6888 (ON CA), 75 O.R. (2d) 443 (C.A.). In Silva, supra, the court noted that where a sale is ordered, the respondent may bid in the sale. See also: Glick v. Carr, [1991] O.J. No. 1588 (Gen. Div.).
See also: Buttar v. Buttar, 2013 ONCA 517 (CanLII), at para. 64: “This court has jealously guarded the rights of joint owners to the best price for jointly-owned property”; Laurignano v. Laurignano, 2009 ONCA 241 (CanLII), at para. 3; Watson v. Watson, 2015 ONSC 2091 (CanLII), at paras. 34-37; McColl v. McColl, 1995 CanLII 7343 (ON SC), at para. 29; and Kokaliaris v. Palantzas, 2016 ONSC 198 (CanLII), at para. 44.”