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ARTICLE · 15 SEPTEMBER 2023

Partition Act Application Denied Due To Oppression (Stothers v. Kazeks)

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When properties are owned by two or more persons, situations may arise when one of the owners wishes to sell the property contrary to the wishes of the other. The Ontario Partition Act provides a way for joint...

CanadaReal Estate and Construction
James R.G. Cook
James R.G. Cook
Christina Tassopoulos
Christina Tassopoulos
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When properties are owned by two or more persons, situations may arise when one of the owners wishes to sell the property contrary to the wishes of the other. The Ontario Partition Act provides a way for joint tenants, tenants in common, or other parties with an interest in any land to request an order from the court for the partition or sale of the land. In the majority of Partition Act cases, the courts are inclined to grant the order that the land be partitioned or sold since it would be unfeasible for the co-owners to be required to continue to hold the property in the face of an ongoing disagreement. Conversely, the decision of the Ontario Superior Court of Justice in Stothers v. Kazeks, 2023 ONSC 5021 (CanLII) is an example of a rare situation in which a Partition Act application was refused.

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