Ross v. Luypaert: Separating Shared Property Interests Through The Partition Act (Ontario)

The Court of Appeal for Ontario recently reaffirmed in Ross v. Luypaert 2025 ONCA 236 that a co-owner of a jointly owned property located in Ontario may bring an application for a partition or sale under Section 3 of the Partition Act (Ontario) (Act). Generally, an application will be successful if the partition or sale would benefit the parties involved, and denied where the resisting party can establish that the applicant's conduct is malicious, vexatious or oppressive.¹

Facts

In order to fund their parents' continued care, the daughters of Regine Ross and John Douglas Ross (in their capacity as Mr. and Mrs. Ross' litigation guardians) brought an application under the Act for the sale of a duplex jointly owned by Mr. and Mrs. Ross with their son Rene Luypaert (Galt Property). They also asked the court to grant them possession of a residential property solely owned by Mrs. Ross and occupied by Mr. Luypaert (Bristol Property).