Whieldon v. Alexander, 2018 BCSC 2119

JurisdictionBritish Columbia
JudgeBall
Citation2018 BCSC 2119
Docket NumberS202113
CourtSupreme Court of British Columbia (Canada)
Date30 November 2018
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4 practice notes
  • Eckhart v. Ball, 2019 BCSC 1530
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 11 Septiembre 2019
    ...to a sale under s. 6 of the PPA: Bindley Estate v. Quartermaine Holdings Ltd., 2017 BCSC 672, at para. 21; and Whieldon v. Alexander, 2018 BCSC 2119, at para.17. However, such an approach is, in my view, not entirely consistent with that outlined in Bradwell and Sahlin and I decline to addr......
  • Holman v. Brooke,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 31 Marzo 2022
    ...legal proceedings. [59]        The petitioner placed significant weight on Whieldon v. Alexander, 2018 BCSC 2119, a contest between the joint tenants, a daughter and her stepmother, the latter of whom inherited her interest from the deceased father/husband......
  • Blended Families And The Consequences Of Seeking A Court Ordered Sale Of Property
    • Canada
    • Mondaq Canada
    • 6 Marzo 2019
    ...with a step-daughter seeking the sale of the home in which her deceased father and his second wife had lived. In Whieldon v. Alexander, 2018 BCSC 2119, the court was asked to invoke the provisions of the Partition of Property Act which provides that property owned by two or more people can ......
  • Smith Estate v. Hawkins,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 20 Enero 2021
    ...some guidance in assessing the facts of any given case and because they are well-established in the case law: see Whieldon v Alexander, 2018 BCSC 2119. Neutral in Terms of [30]       Second, there is no statutory presumption in favour of partition or sale, and ......
3 cases
  • Eckhart v. Ball, 2019 BCSC 1530
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 11 Septiembre 2019
    ...to a sale under s. 6 of the PPA: Bindley Estate v. Quartermaine Holdings Ltd., 2017 BCSC 672, at para. 21; and Whieldon v. Alexander, 2018 BCSC 2119, at para.17. However, such an approach is, in my view, not entirely consistent with that outlined in Bradwell and Sahlin and I decline to addr......
  • Holman v. Brooke,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 31 Marzo 2022
    ...legal proceedings. [59]        The petitioner placed significant weight on Whieldon v. Alexander, 2018 BCSC 2119, a contest between the joint tenants, a daughter and her stepmother, the latter of whom inherited her interest from the deceased father/husband......
  • Smith Estate v. Hawkins,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 20 Enero 2021
    ...some guidance in assessing the facts of any given case and because they are well-established in the case law: see Whieldon v Alexander, 2018 BCSC 2119. Neutral in Terms of [30]       Second, there is no statutory presumption in favour of partition or sale, and ......
1 firm's commentaries
  • Blended Families And The Consequences Of Seeking A Court Ordered Sale Of Property
    • Canada
    • Mondaq Canada
    • 6 Marzo 2019
    ...with a step-daughter seeking the sale of the home in which her deceased father and his second wife had lived. In Whieldon v. Alexander, 2018 BCSC 2119, the court was asked to invoke the provisions of the Partition of Property Act which provides that property owned by two or more people can ......

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