Partition orders are rare, for good reason

By Ray Mikkola (January 19, 2021, 1:41 PM EST) -- A co-owner in Ontario may apply for partition or sale of real property under the Partition Act. Case law under the Act favours a presumption for partition (that is, dividing the property between or among the owners) rather than an order for the sale of the entire property with a division of sale proceeds. But a recent Superior Court decision in 1312733 Ontario Inc. v. Simone 2020 ONSC 6546 makes the prospect of obtaining a partition order more unlikely....
LexisNexis® Research Solutions

Related Sections