Interpretation and application of British Columbia's Partition of Property Act

By E. Craig Watson (April 26, 2024, 8:27 AM EDT) -- In British Columbia, disputes with respect to co-owned property are often resolved under the Partition of Property Act (PPA), which governs how and when a co-owner of a property may be granted permission for partition or sale of the property against the wishes of the other co-owner(s). Such disputes may arise in various circumstances, such as family law, wherein spouses who co-own property have different ideas about how such property should be utilized post-separation or divorce. These issues are also seen in cases involving multi-generational property ownership and estate law, wherein various parties may be assigned co-ownership under the terms of a will and disagree on the use of such property....