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 carrying costs and contributions to the property. He argued he should be reimbursed for mortgage payments, taxes, and maintenance he had paid while living there. He also asked for the opportunity to buy out the applicant's interest. The case became increasingly complicated as new issues emerged just before the original hearing date, requiring an adjournment.

Ken Wise Secures the Partition and Sale

Ken Wise represented the applicant and brought the matter under the Partition Act. Ken argued that as a 50% joint owner, his client had an absolute right to the partition and sale of the property. The respondent's desire to continue living there did not override that right.

The court agreed. Justice Labrosse ordered the partition and sale. The respondent was given 30 days to obtain financing to buy out the applicant's interest, failing which the property would be listed for sale. The court then dealt with the expense adjustments in a second decision, carefully analyzing each party's contributions and arriving at a fair division of the proceeds.

Why This Case Matters

Joint property ownership can become a trap when one owner wants out and the other refuses to cooperate. Whether the property was acquired through a relationship, an inheritance, or a business arrangement, Ontario's Partition Act provides a legal mechanism to force a sale and divide the proceeds. But the process involves navigating claims for adjustments, occupation rent, and carrying costs that can significantly affect the final distribution.

If you are co-owner of a property and cannot agree with your co-owner on what to do with it, contact Ken Wise & Associates.

Phone: (416) 924-6231

Email: ken@kenwiseandassociates.ca