Partition Actions

Standing in Partition – Possessory Interest Required

Pallot v Douglas 2017 BCCA 254 dismissed an appeal and held that the appellant did not have standing to apply for partition of a leasehold interest in trust property owned

Conduct of a Court sale

In Kainth v Brar 2022 BCSC 1552 the petitioner in a partition action brought an application for sole conduct of the sale of the property. The Court reviewed firstly it’s
Partition, Distribution of Proceeds, Occupational Rent

Partition, Distribution of Proceeds, Occupational Rent

Marziale v Adam 2022 BCSC 1308 dealt with the accounting and apportionment between two tenants in common  who for a number of reasons including occupational rent  could not agree on
The Partition and Sale of Property (2022) | Disinherited

The Partition and Sale of Property (2022)

The Partition and Property Act (PPA) gives the court a broad discretion to order partition and sale of co-owned property. Section 2 of the PPA provides in part: (1) All

Partition and Sale Ordered

The court in Tseng v Tseng 2021 BCSC 27 ordered partition and sale of two condos in a contentious dispute. The petitioner was a one half interest owner in both

Occupation Rent Claims Need Ouster

Fritz v Paton 2020 BCSC 1541 reviewed the law relating to claims for occupation rent, which is usually brought as part of the claim for partition and sale. The claim
Ouster and Partition of Property

Ouster and Partition of Property

Ouster is an occurrence usually in Partition of Property proceedings that is typically defined as the wrongful dispossession or exclusion of a party from real property and involves a question
Courts Must Scrutinize Claims Against Estates

Courts Must Scrutinize Claims Against Estates

Wharton v McMinigal 2014 BCCA 434 is authority for the legal proposition that claims against deceased persons estates must be approached by the courts with the most careful scrutiny and
The Supreme Court has a discretion under the Partition of Property act to order a sale of a minority interest in co owned property.

Partition of Property: Minority Interest

The Supreme Court has a discretion under the Partition of Property act to order a  sale of a minority interest in co owned property. Generally speaking, if a party owns
Partition and Sale of Property Refused

Partition and Sale of Property Refused

In Kane v. Hanslo 2017 BCSC 2393 a claim for Partition and Sale of property was referred to the trial list rather than being decided at a summary trial. In