The applicant and respondent, who are siblings, each own a 50% interest in a residential property.
The applicant commenced an application for partition and sale of the property.
The respondent brought a motion seeking an order to compel the applicant to sell his 50% interest to her at fair market value.
The court dismissed the motion, finding that under the Partition Act, it lacks the jurisdiction to force one joint tenant to sell their interest to the other.
The court declined to award costs to the successful applicant to encourage the parties to expeditiously proceed with the open market sale of the property.
