Partition and Sale of Property

Minority Shareholder Oppression

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 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
Certificate of Pending Litigation (CPL) | Disinherited Estate Litigation

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 Value

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
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
Partition and Sale Refused Due to Serious Hardship

Partition and Sale Refused Due to Serious Hardship

Lou v Vesterinen 2017 BCSC 1566 refused an application for partition and sale by  trustee in bankruptcy due to “serious hardship” of the two young children living in the home,
partition action

Who Can Bring a Partition Action

In order to be able to bring any  court action the claimant must have standing. Pallot v Douglas 2017 BCCA 254 is a court of appeal case setting out who
Beneficiary Trusts in Leasehold Estates

Beneficiary Trusts in Leasehold Estates

Pallot v Douglas 2017 BCCA 254 discusses the interest of a beneficiary of a trust in a decision that held that the beneficiary of a leasehold interest in a trust