The Partition Act: A Powerful Tool For Resolving Jointly Owned Property Disputes

In the recently released decision of Ross v. Luypaert, 2025 ONCA 236, the Ontario Court of Appeal reaffirmed that a co-owner of real estate can compel the sale of jointly owned property under the Partition Act. The only exception is where the opposing party can prove that such an application amounts to malicious, vexatious, or oppressive conduct—a high threshold that was not met in this case.

The Facts

The applicants were litigation guardians for their elderly parents, who were mentally incapable. They brought an application to:

• Sell a duplex in Guelph jointly owned by their parents and their brother; and
• Have the brother vacate a second property solely owned by their mother.