The appellant appealed a decision granting an application for partition and sale of commercial properties under the Partition Act.
The appellant argued that the scope of discretion to refuse partition and sale should be broadened beyond circumstances of malice, oppression, and vexatious intent.
The Court of Appeal dismissed the appeal, affirming that co-tenants have a prima facie right to compel partition or sale, which should only be refused in limited circumstances including hardship amounting to oppression.
The court found no palpable and overriding error in the motion judge's exercise of discretion.
