In Ontario, the answers to all three questions are much clearer than most people expect, and the legal tools are far more powerful than many realize. The issue is not whether these tools exist, but knowing how to deploy them at the right time.

In the 2026 case of Li v. Jiang, lawyer Miao He faced a situation where all three issues overlapped, successfully securing comprehensive relief across all three dimensions in a motion.

In the Greater Toronto Area, converting a basement into a rental unit without applying for a building permit is extremely common in Chinese households. During the marriage, this issue is often shelved—rent is collected, and no one pursues it.

Divorce changes everything. Unpermitted basement apartments create a triple risk when selling a property during a divorce:

Delay Is a Strategy, Not an Accident

When one party uses delay as a negotiation weapon, their logic is very clear: the longer it takes, the greater the other party's financial pressure, the closer their psychological endurance is to its limit, and the higher the likelihood they will compromise on other terms.

In practice, this strategy usually manifests in the following ways: refusing to cooperate with real estate agents in scheduling viewings; intentionally being absent or refusing to open the door on scheduled viewing days; rejecting every offer under various pretexts; claiming the property has issues requiring "further assessment"; and refusing to sign sale-related documents.

When All Three Issues Combine: Why an Overarching Strategy Is Needed

Illegal construction, refusal to sell, and refusal to leave often overlap in real-world cases: the existence of illegal construction provides a "legitimate reason" for delay; the delay prevents the illegal construction from being addressed; and the dual deadlock results in one party's long-term occupation while the other party's funds are trapped and market timing is lost.

This is precisely why in high-conflict, multi-issue divorce property cases, a lawyer's strategic judgment—rather than mere legal knowledge—determines the outcome.

When Should You Consider an Enforcement Motion?

Legal advice should be sought as early as possible in the following circumstances:

• ✓The other party has refused to cooperate with the court-ordered sale process for more than three months.
• ✓The property has unpermitted alterations, and both parties cannot reach an agreement on how to handle them.
• ✓The other party controls property access rights, preventing agents, inspectors, or contractors from entering normally.
• ✓Your funds have been locked in the property for more than six months, affecting other financial arrangements.
• ✓The critical real estate transaction windows in the Greater Toronto Area (spring or fall) are approaching, and the sale process has made zero progress.