1 total
Appeal dismissed; refusal of partition requires malicious, vexatious, or oppressive conduct.
The appellant appealed an order of the Divisional Court regarding the partition of property.
The Court of Appeal affirmed that the standard to refuse partition under s. 2 of the Partition Act requires malicious, vexatious, or oppressive conduct, as established in Silva v. Silva.
The court agreed with the Divisional Court that the appellant failed to demonstrate such conduct.
An alternative argument regarding child support under s. 32 of the Family Law Act was dismissed as it was not raised before the motions judge and lacked an evidentiary record.
The appeal was dismissed with costs fixed at $7,500.
