Canada Case Law

MacMillan v. MacMillan

Court

Supreme Court of Nova Scotia

The court found the plaintiffs did not prove the property could not be divided without prejudice; absent clear survey or planning evidence of impossibility the large acreage and significant public road frontage supported partition on the ground. The court exercised its discretion under the Partition Act to deny a sale and ordered partition by commissioners, directing commissioners to consider equalization payments and to apply a $15,000 credit in favour of the Defendant for lasting improvements.

Source excerpt

• Partition
• Set-off
• Sale
• Appointment of commissioners
• Valuation of land and improvements
• Equitable relief

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Hunfeld v. Molendijk

Court

Supreme Court of British Columbia

The court held that paragraph 7 of the 1982 property agreement governed valuation, valued land and improvements separately, and allowed the Hunfelds to buy out the Molendijks.

• Partition
• Valuation of land and improvements
• Doctrine of frustration
• Restrictive covenant effect on value
• Buyout/undertaking to purchase
• Contract-interpretation

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