It is not uncommon for clients to obtain an order for sale under the Partition Act, only to encounter persistent non-compliance and delay in executing the sale. The other party delays, obstructs, or outright refuses to comply—claiming hardship, verbal agreements, or vague refinancing plans.
The May 2025 decision in Cayen v. Parish, 2025 ONSC 3125 (Tranquilli J.), is a sharp reminder that a court order to sell a jointly owned property may be of limited value without mechanisms to enforce it—and that, sometimes, you need to go as far as a writ of possession.
The Facts: A Familiar Story of Obstruction
Cindy Cayen and Chad Parish were common law spouses who bought a home together in 2019 and separated in 2021. She left with the children. He stayed in the house.
Two orders—first from Justice Tobin in January 2025 and then a follow-up in April—directed the sale of the jointly held home under the Partition Act. But Parish refused to cooperate. Among his obstructive tactics, Parish:
- Did not sign the listing documents
- Prevented showings
- Barred the realtor from entering the home
- Threatened legal action
- Attempted an improper appeal
Even after the court dispensed with his signature and allowed the sale to proceed unilaterally, Parish continued to sabotage the process. The court found that he was “pursuing an ill-advised strategy to obstruct the sale”, driven by an unrealistic hope to stay in the home indefinitely.
The Court’s Ruling: Orders Are Not Suggestions
Justice Tranquilli granted Cayen’s request in full:
- Vacant possession within 21 days
- Leave to obtain a writ of possession if Parish failed to vacate
- Direction that offers within 5% of list price be accepted without Parish’s consent
- Applicant may select real estate lawyer unilaterally if no agreement in 14 days
The court held that no binding agreement to transfer the applicant’s interest existed, and Parish’s claims of refinancing were speculative at best. His conduct was described as vexatious, non-compliant, and financially prejudicial to both parties.
Why It Matters: Practical Takeaways
1. Don’t Assume a Partition Order Will Be Enough
This case is a clear warning: get enforcement clauses in your initial motion. Think beyond just ordering the sale—anticipate obstruction and build in remedies like:
- Timeline for vacating
- Writ of possession if not vacated
- Signature deemed unnecessary
- Realtor access guaranteed
- Showings permitted on 24-hour notice
2. Use Rule 1(8) Early
Tranquilli J. notes that Cayen could have invoked Rule 1(8) of the Family Law Rules to enforce earlier orders. If your client’s co-owner is obstructing, consider moving immediately for compliance relief before the situation spirals.
3. Anticipate the Emotional Leverage Argument
Parish argued the home was needed for his daughter and grandchild. But without financial capacity or viable refinancing, this was not persuasive. Cayen reminds us: hardship does not override enforceable court orders.
4. Unilateral Action Can Be Justified
When the respondent failed to cooperate, the court allowed Cayen to select the real estate lawyer and accept offers alone. The court will dispense with the need for consent where a party is clearly acting in bad faith.
5. Costs Can Follow Conduct
Parish had already been ordered to pay $2,000 in costs from his share of net proceeds—and more may come. The court has reserved on distribution and costs, pending resolution of proceeds.
Final Word
Cayen v. Parish provides a roadmap in how to escalate compliance mechanisms when a partition order is treated like a mere suggestion. As family lawyers, we must be proactive in anticipating resistance and equipping our clients with tools to enforce lawful orders.
Let’s continue to elevate the practice of family law in Ontario!
Connect with us on LinkedIn.
Cheryl Goldhart is a Mediator and Arbitrator who can make a difference in resolving your family disputes.
- Four Decades of Specialized Family Law Practice: Cheryl brings a wealth of experience spanning nearly 40 years dedicated exclusively to family law.
- Masters Degree in Counselling: Her Masters Degree in Counselling informs her uniquely empathetic approach to each case.
- Certified Family Law Specialist: The Law Society of Ontario has certified Cheryl as a Family Law Specialist, recognizing her expertise in the area.
- Accreditation as a Mediator by the OAFM: Cheryl’s expertise is reflected in her accreditation from the Ontario Association for Family Mediation.
- Designated ADR Professional by Ontario’s ADR Institute: As a highly respected arbitrator, Cheryl’s designation reflects her recognized expertise in family law arbitration.
- Recipient of Numerous Awards and Honors: Among Cheryl’s many awards, honours and accolades is the prestigious Award for Excellence in Family Law from the Ontario Bar Association.
Legal Disclaimer: See Privacy Policy
Disclaimer: The information provided in this blog post is intended for general informational purposes only and should not be considered as legal advice. Consult with a qualified family law attorney for advice regarding your specific situation. Goldhart Mediation & Arbitration is not responsible for any actions taken based on the information presented in this blog.
Cayen v. Parish: Enforcing the Sale of the Family Home
By Cheryl Goldhart
Founder and Principal of Goldhart Law and Goldhart Mediation & Arbitration.
It is not uncommon for clients to obtain an order for sale under the Partition Act, only to encounter persistent non-compliance and delay in executing the sale. The other party delays, obstructs, or outright refuses to comply—claiming hardship, verbal agreements, or vague refinancing plans.
The May 2025 decision in Cayen v. Parish, 2025 ONSC 3125 (Tranquilli J.), is a sharp reminder that a court order to sell a jointly owned property may be of limited value without mechanisms to enforce it—and that, sometimes, you need to go as far as a writ of possession.
The Facts: A Familiar Story of Obstruction
Cindy Cayen and Chad Parish were common law spouses who bought a home together in 2019 and separated in 2021. She left with the children. He stayed in the house.
Two orders—first from Justice Tobin in January 2025 and then a follow-up in April—directed the sale of the jointly held home under the Partition Act. But Parish refused to cooperate. Among his obstructive tactics, Parish:
Even after the court dispensed with his signature and allowed the sale to proceed unilaterally, Parish continued to sabotage the process. The court found that he was “pursuing an ill-advised strategy to obstruct the sale”, driven by an unrealistic hope to stay in the home indefinitely.
The Court’s Ruling: Orders Are Not Suggestions
Justice Tranquilli granted Cayen’s request in full:
The court held that no binding agreement to transfer the applicant’s interest existed, and Parish’s claims of refinancing were speculative at best. His conduct was described as vexatious, non-compliant, and financially prejudicial to both parties.
Why It Matters: Practical Takeaways
1. Don’t Assume a Partition Order Will Be Enough
This case is a clear warning: get enforcement clauses in your initial motion. Think beyond just ordering the sale—anticipate obstruction and build in remedies like:
2. Use Rule 1(8) Early
Tranquilli J. notes that Cayen could have invoked Rule 1(8) of the Family Law Rules to enforce earlier orders. If your client’s co-owner is obstructing, consider moving immediately for compliance relief before the situation spirals.
3. Anticipate the Emotional Leverage Argument
Parish argued the home was needed for his daughter and grandchild. But without financial capacity or viable refinancing, this was not persuasive. Cayen reminds us: hardship does not override enforceable court orders.
4. Unilateral Action Can Be Justified
When the respondent failed to cooperate, the court allowed Cayen to select the real estate lawyer and accept offers alone. The court will dispense with the need for consent where a party is clearly acting in bad faith.
5. Costs Can Follow Conduct
Parish had already been ordered to pay $2,000 in costs from his share of net proceeds—and more may come. The court has reserved on distribution and costs, pending resolution of proceeds.
Final Word
Cayen v. Parish provides a roadmap in how to escalate compliance mechanisms when a partition order is treated like a mere suggestion. As family lawyers, we must be proactive in anticipating resistance and equipping our clients with tools to enforce lawful orders.
Let’s continue to elevate the practice of family law in Ontario!
Connect with us on LinkedIn.
Cheryl Goldhart is a Mediator and Arbitrator who can make a difference in resolving your family disputes.
Legal Disclaimer: See Privacy Policy
Disclaimer: The information provided in this blog post is intended for general informational purposes only and should not be considered as legal advice. Consult with a qualified family law attorney for advice regarding your specific situation. Goldhart Mediation & Arbitration is not responsible for any actions taken based on the information presented in this blog.