What is the test for a partition or sale order under section 2 of the Partition Act?
Ontario, Canada
The following excerpt is from Spadafora v. Gabriele, 2011 ONSC 6686 (CanLII):
Mary argues that she has a prima facie right to partition or sale of the land pursuant to section 2 of the Partition Act. She further argues that the only basis upon which a court can refuse to grant such a partition or sale order is where there has been malicious, vexatious or oppressive conduct on the part of the party seeking the partition or sale, citing Akman v. Burshtein, [2009] O.J. No. 1499.
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