“Under s. 2 of the Partition Act, R.S.O. 1990, c. P.4, courts should compel partition and sale unless the applicant has behaved maliciously, oppressively or with a vexatious intent: Silva v. Silva (1990), 1990 CanLII 6718 (ON CA), 1 O.R. (3d) 436 (C.A.), at para. 15.”