Canada Case Law

Purssell v. Purssell

Court

Supreme Court of British Columbia

Because Eileen and Roy collectively hold one-half or more of the Property and requested sale, s.6 applied mandatorily; Tanis failed to establish a good reason to refuse sale (hardship and Agreement did not outweigh statutory right), the Sell Offers complied with the Agreement when made, and therefore the court ordered sale with proceeds apportioned by thirds and ancillary directions.

Source excerpt

• Partition
• Sale of property
• Co-ownership agreement
• Sell offer
• Section 6 partition of property act
• Section 8 partition of property act

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Bent v. Bent

Court

Supreme Court of Nova Scotia

Default judgment was dismissed because the Statement of Claim failed to plead the material facts required by s.28(1)(a) of the Partition Act (that the land cannot be divided without prejudice), and affidavit evidence cannot be used to cure that pleading deficiency for the purpose of granting default judgment; permitting otherwise would risk abuse.

Source excerpt

• Partition act
• Default judgment
• Pleadings
• Order for sale
• Partition

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Garib v. Randhawa

Court

Supreme Court of British Columbia

The court refused new breach of trust damages and declined to order a sale in this proceeding, but awarded the plaintiff $4,233.55 for appraisal costs.

• Breach of trust
• Accounting of receipts and expenses
• Order for sale
• Partition
• Functus officio
• Appraisal cost reimbursement

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Gladiuk v. Gladiuk

Court

Supreme Court of British Columbia

The court dismissed an application to compel disclosure of privileged communications, finding the claimant did not impliedly waive solicitor-client privilege by referencing legal advice in her affidavit.

• Implied waiver of privilege
• Solicitor-client privilege
• Resulting and constructive trusts
• Fraudulent conveyance
• Partition
• Costs

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Ackerman v. Ackerman

Court

Supreme Court of British Columbia

The court converted a partition petition into an action and referred it to trial because of conflicting affidavit evidence and a related pending litigation claim.

• Partition
• Order for sale
• Constructive/express trust
• Claim of pending litigation (cpl)
• Conversion of petition to action
• Consolidation of proceedings

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Knelsen v. Knelsen

Court

Supreme Court of British Columbia

The court ordered sale of two co-owned properties, finding no triable issue on contribution claims or hardship, and awarded occupation rent against the occupying co-tenant.

• Forced sale
• Partition
• Co-ownership
• Occupation rent
• Triable issues summary disposal
• Hybrid procedures

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Ironwood Owners Enterprises Ltd. v. Elliots World, LLC

Court

Supreme Court of British Columbia

The court granted partition sale orders for two Whistler strata lots under s. 6 of the PPA, while leaving disputed Direct Lease claims to be resolved in a separate action.

• Partition
• Order for sale under s.6 ppa
• Timeshare/sublease arrangements
• Standing to seek partition
• Standing
• Strata-condominium-law

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Preskar Estate v. Wagner

Court

Supreme Court of British Columbia

The court held that a joint tenancy in property was severed before death, so the estate and surviving co-owner held as tenants in common, each with a one-half interest.

• Severance of joint tenancy
• Right of survivorship
• Partition
• Probate
• Summary judgment/summar y trial
• Costs

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Sundberg v. Sundberg

Court

Supreme Court of British Columbia

The court granted a partition sale of a jointly owned property, finding no good reason to refuse sale under s. 6 of the Partition of Property Act.

• Partition
• Order for sale
• Tenants in common
• Co-ownership agreements
• Good faith
• Partition-sale

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Harper KL Development Corp. v. 1131182 B.C. Ltd.

Court

Supreme Court of British Columbia

The court granted an order for sale under the Partition of Property Act, finding no effective undertaking to purchase and no good reason to refuse sale.

• Sale under partition of property act
• Partition
• Joint venture dispute
• Undertaking to purchase
• Costs
• Partition-of-property-act

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