What is the test for obtaining an order for partition or sale under the Partition Act?
Ontario, Canada
The following excerpt is from Grace v. Draper, 2013 ONSC 7112 (CanLII):
The grant of an order for partition or sale under the Partition Act is discretionary, as observed with approval in Cook v. Johnston, 1970, 24, Ontario reports, 2nd, 701 at paragraph 3, “The meaning of the legislature was that when you see that the property is of such a character that it cannot reasonably be partitioned, then you are to take it as more beneficial to sell it and divide the money against the parties.”
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