July 17, 2024

Obligate Law

Professional Law Makers

Ontario Superior Court of Justice dismisses joint tenant’s application to order property’s sale

2 min read
Ontario Superior Court of Justice dismisses joint tenant’s application to order property’s sale

The applicant was named a bare trustee in a separate agreement, with the respondent becoming the beneficial owner of the land. As per the agreement, the respondent would handle all expenses related to the land, such as all realty taxes, insurance, heat, utilities, mortgage payments, and maintenance repairs.

The issue arose when the respondent and the applicant’s brother separated in January 2021, with the applicant’s brother vacating the property. In July 2021, the applicant learned that CIBC Mortgages Inc. was taking mortgage payments out of her account because the respondent was allegedly not making her payments promptly. The applicant claimed she had sought to have her name taken off the property’s title and mortgage several times, but the respondent either refused or ignored the requests.

The respondent claimed in an August 2022 affidavit that she had communicated with the mortgage company on what was needed to remove the applicant’s name from the property’s title and mortgage; she was advised that based on what she understood to be standard procedure, she needed to present the company with a separation agreement before they could consider the refinancing.

The respondent claimed that she had missed the payments because she did not know the new payment amount after the mortgage was transitioned to an open mortgage and because she had been establishing new bank accounts after the separation. She submitted that in each case, she had paid the applicant back and that the applicant was owed no money.

While the applicant confirmed that the respondent had repaid some of the missing payments, there was still an outstanding mortgage payment valued at $3,329.37. To ensure that she would no longer be responsible for mortgage-related costs and liabilities, the applicant applied for an order to sell the property. She cited the provisions of the Partition Act, R.S.O. 1990, c. P.4, and rules 3.02, 54.02, and 66.01 of the Rules of Civil Procedure.

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