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Court of Appeal Overturns Judge Who Dismissed a Case Nobody Asked to Dismiss
McDonald v. Robb, 2025 ONCA 71 (Court of Appeal for Ontario) A Property Claim Dismissed Without Anyone Asking Grace McDonald had a claim for adverse possession over lakefront property. The case was moving through the courts with various motions from both sides. A scheduling order was made in November 2023 setting filing deadlines. On January 19, 2024, the parties appeared before the motion judge. The respondent was requesting a timetable for the outstanding matters and potent
Ken Wise
Mar 182 min read
Forcing the Sale of a Jointly Owned Property: How the Partition Act Works in Ontario
Paul v. Baker, 2025 ONSC 1306 and 2025 ONSC 4097 (Ontario Superior Court of Justice) Trapped in Joint Ownership Caralee Paul owned a property at 7 Main Street, Odessa, Ontario jointly with Jeffrey Baker. She wanted to sell. He did not. He was living in the property and had no intention of leaving. Without his cooperation, she was stuck — a 50% owner with no ability to realize the value of her investment. The respondent raised multiple defences and sought adjustments for his c
Ken Wise
Mar 182 min read
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