The Principles Underlying The Partition Act

The Partition Act allows any person who has an interest in land situated in Ontario to bring an action or application to the court to have that land partitioned or sold under the courts direction. 

There are several principles that govern the partition and sale of land.  First, the Ontario Court of Appeal has stated that a person has a prima facie right to partition and sale.  This means that anyone with a shared interest in land can force a sale or partition subject only to the respondent’s argument against it.  In other words, the responding party carries the onus to demonstrate that a sale or partition should not be provided for.   

Second, the court will attempt to partition land first before contemplating a sale.  However, where a property is found to be ill-suited for partition or where a sale will be more advantageous to the parties, the court will direct the property to be sold.