Wood v. Walsh

Wood v. Walsh

No binding 2001 agreement was proved to rebut the statutory presumption of title; Ms. Wood therefore retains a legal and equitable one-half interest; valuation is at date of sale; laches was not established; occupational rent must be charged to account for benefits to the occupying co-owner; matter referred to registrar to quantify accounts and direct sale.

Citation
2009 BCSC 569
Parties
Petitioner/respondent: Carrie Lee Wood; Petitioner/respondent: Patricia Jo Walsh aka Tristyn Kaitt
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 March 2009
Procedural Posture
Partition of Property Act; Law and Equity Act / Judgment (oral Reasons)
Outcome
Declared each party holds one-half legal and equitable interest; ordered sale of property and division of proceeds; referred accounting to registrar; awarded costs to Ms. Wood.
Legal Topics
Partition of Property, Severance of Joint Tenancy, Indefeasible Title, Laches, Valuation Date, Occupational Rent, Constructive Trust
Source Language
English
Property Law Equity Trusts Land Title Partition of Property Severance of Joint Tenancy Indefeasible Title Laches +3 more

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Parties

Carrie Lee Wood

Petitioner/respondent

Patricia Jo Walsh aka Tristyn Kaitt

Petitioner/respondent

Procedural Posture

Partition of Property Act; Law and Equity Act / Judgment (oral Reasons)

Legal Issues

  1. 1 Whether Ms. Wood has an interest in the property
  2. 2 Whether there was a 2001 agreement extinguishing Ms. Wood's interest
  3. 3 Appropriate valuation date for division of proceeds

Ratio Decidendi

No binding 2001 agreement was proved to rebut the statutory presumption of title; Ms. Wood therefore retains a legal and equitable one-half interest; valuation is at date of sale; laches was not established; occupational rent must be charged to account for benefits to the occupying co-owner; matter referred to registrar to quantify accounts and direct sale.

Court Disposition

Declared each party holds one-half legal and equitable interest; ordered sale of property and division of proceeds; referred accounting to registrar; awarded costs to Ms. Wood.

Orders

  • Declare that each party has a legal and equitable one-half interest in the land and premises at 11021 Oriole Drive, Surrey, British Columbia.
  • Order that the property be sold forthwith, with leave to the parties to apply for further direction as to the sale.