Partition and Sale of Property

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

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

Minority Shareholder Oppression

Minority shareholders, or their representatives if deceased, can bring an action for oppression under section 227 of the BC Companies act (BCA) to inter alia force a sale of their

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

Certificate of Pending Litigation (CPL)

Blackhall v Andrusko 2018 BCSC 140 discusses the law relating to the cancellation of a certificate of pending litigation (CPL) filed against property. The application was made by the respondent

Appraisals and Land Valuation

Kumagai v Campbell 2018 BCCA 24 discussed the appraisal and valuation of First Nations Lands and held that the highest and best use analysis of the land requires the identification

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