Cross-Border & Canadian Business Blog
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In the recently released decision of Ross v. Luypaert, 2025 ONCA 236, the Ontario Court of Appeal reaffirmed that a co-owner of real estate can compel the sale of jointly owned property under the Partition Act. The only exception is where the opposing party can prove that such an application amounts to malicious, vexatious, or …
Continue reading “The Partition Act: A Powerful Tool for Resolving Jointly Owned Property Disputes”
This column was originally published on RENX.ca In the case of joint property ownership, where one party is indebted to an external creditor, what rights does the creditor hold when the property is sold? The Ontario Court of Appeal recently clarified this, concluding that creditors are only allowed to claim against the debtor’s divisible interest …
Continue reading “Debt Enforcement and Jointly-Owned Property – Lessons from a Recent Decision”