Rarotonga, 2010

Simon's Legal Resources

(Ontario)

Most Popular
Contracts / Torts / Evidence / Limitations / Tenant Plus / welfare (ontario works) / odsp / human rights / employment / consumer / E-Access
ADMINISTRATIVE LAW | SPPA / SMALL CLAIMS / CIVIL COURT / CIVIL APPEALS / JUDICIAL REVIEW

home / about / Democracy, Law and Duty / testimonials / Conditions of Use

Online Litigation Assessment
Intake

Associated Site
Canadian Animal Law

Real Property - Partition Act

. Billimoria v. Mistry

In Billimoria v. Mistry (Ont CA, 2022) the Court of Appeal considers when "a joint tenant or tenant in common" of real estate may compel sale against the wishes of another such owner:
The Partition Act Issue

[38] Section 2 of the Partition Act provides that a joint tenant or tenant in common may be compelled to make partition or sale. The onus is on the party resisting sale to demonstrate reasons why it ought not to be sold. There must be malicious, vexatious or oppressive conduct to justify the refusal to sell: Brienza v. Brienza, 2014 ONSC 6942, at paras 24-27.




CC0

The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.