Partition Actions
BC Estate Lawyer – All About Partition and Sale of Property
Trevor Todd and Jackson Todd have over 60 years experience in estate litigation including a court ordered partition and sale of jointly owned property. There are many advantages to owning
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
BC Estate Lawyer- Conduct of a Court Sale of Partition
Trevor Todd and Jackson Todd have over 60 years experience in dealing with forced sales of jointly owned property under the Partiton of Property Act. In Kainth v Brar
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)
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 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
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
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