The moving party defendant, a co-owner of a residential property, sought an order for partition and sale under the Partition Act.
The responding parties opposed the motion, arguing the moving party had already extracted her share of equity through a unilateral mortgage refinancing and had unclean hands.
The court granted the motion, finding that the discretion to refuse partition and sale is strictly limited to cases of malice, oppression, or vexatious intent, which were not established here.
The court ordered the property sold and the net proceeds paid into court pending the resolution of the underlying accounting action.
