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224 MANITOBA LAW JOURNAL |VOLUME 35 NUMBER 1
It is not surprising then that, to this day, the partition legislation of Ontario
and Manitoba shares in large measure a common format. In particular, both
jurisdictions have specific sections describing respectively who has locus standi to
seek or (rather infelicitously) “petition for” partition, and who, per contra, may be
compelled to make or suffer partition. The wording of these provisions has been
occasionally and lightly modified in both jurisdictions over the years, and it may
be helpful to compare the current texts before proceeding. The following
provisions are taken from Manitoba’s Law of Property Act: 34 and Ontario’s Partition
Act. 35 The reader will be asked to refer back to these provisions repeatedly in the
discussion that follows.
Manitoba
Who may be compelled to make
partition or sale
19(1) All joint tenants, tenants in
common, mortgagees and other
creditors having any lien or charge on,
and all persons interested in, to, or out
of any land in Manitoba, may be
compelled to make or suffer partition
or sale of the land or any part thereof.
Who may take proceedings for
partition
20(1) Any person interested in
land in Manitoba, or the guardian of
the estate of an infant entitled to the
immediate possession of any estate
therein, may bring action for the
partition of the land or for the sale
thereof under the directions of the
court if the sale is considered by the
court to be more advantageous to the
parties interested.
Ontario
Who may be compelled to make
partition or sale
2. All joint tenants, tenants in
common, and coparceners, all
doweresses, and parties entitled to
dower, tenants by the curtesy,
mortgagees or other creditors having
liens on, and all parties interested in, to
or out of, any land in Ontario, may be
compelled to make or suffer partition
or sale of the land, or any part thereof,
whether the estate is legal and equitable
or equitable only.
Who may bring action or make
application for partition
3(1) Any person interested in land
in Ontario, or the guardian of a minor
entitled to the immediate possession of
an estate therein, may bring an action
or make an application for the
partition of such land or for the sale
thereof under the directions of the
court if such sale is considered by the
court to be more advantageous to the
parties interested.
34
35
CCSM, c L90, as of June 2011.
RSO 1990, c P4, as of that same date.