Finanders v. FInanders

Finanders v. FInanders

The land could not be fairly divided and sale was therefore the appropriate remedy under the Partition Act; the plaintiff was entitled to no allowance for volunteer labour or gifted materials, defendants' payment of property taxes offset any claim for occupation rent, and equitable assessment of improvements and condition of the cottage justified dividing net sale proceeds 75% to the defendants and 25% to the plaintiff.

Citation
2005 NSSC 145
Parties
Plaintiff: Gregory Finanders; Defendant: Robert Lewis Finanders; Defendant: Cynthia Faye Finanders
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 June 2005
Procedural Posture
Partition Action (partition Act) / Judgment/decision
Outcome
Order for sale granted; net proceeds to be divided 75% to defendants and 25% to plaintiff; costs awarded to plaintiff.
Legal Topics
Partition, Order for Sale, Division of Proceeds, Improvements and Equitable Allowances, Occupation Rent, Costs
Source Language
English
Property Law Equity Civil Procedure Partition Order for Sale Division of Proceeds Improvements and Equitable Allowances Occupation Rent +1 more

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Parties

Gregory Finanders

Plaintiff

Robert Lewis Finanders

Defendant

Cynthia Faye Finanders

Defendant

Procedural Posture

Partition Action (partition Act) / Judgment/decision

Legal Issues

  1. 1 Is the plaintiff entitled to an order for sale under the Partition Act?
  2. 2 If sold, what percentage of proceeds should each party receive?
  3. 3 What terms for sale and related directions should the Court order?

Ratio Decidendi

The land could not be fairly divided and sale was therefore the appropriate remedy under the Partition Act; the plaintiff was entitled to no allowance for volunteer labour or gifted materials, defendants' payment of property taxes offset any claim for occupation rent, and equitable assessment of improvements and condition of the cottage justified dividing net sale proceeds 75% to the defendants and 25% to the plaintiff.

Court Disposition

Order for sale granted; net proceeds to be divided 75% to defendants and 25% to plaintiff; costs awarded to plaintiff.

Orders

  • Property ordered sold and net proceeds distributed 75% to Robert Lewis Finanders and Cynthia Faye Finanders and 25% to Gregory Finanders.
  • If parties cannot agree on listing price, agent or acceptance of offers the Court will decide those issues after hearing telephone representations from counsel.