When there are more than two joint tenants on title to a property, can one party severance the entire joint tenancy?
Ontario, Canada
The following excerpt is from Wong v. Wong, 2019 ONSC 3937 (CanLII):
At trial counsel did not present any cases dealing with severance when there are more than two joint tenants. Counsel appeared to assume, as did I, that severance by one joint tenant severed the entire joint tenancy when there are three joint tenants. Counsel did not bring to my attention the recent Court of Appeal decision of Jansen v. Niels Estate[1], which explores the consequences when one joint tenant takes steps to sever the joint tenancy where there are three joint tenants registered on title.
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