Does Ben 102 Enterprises have a bar to partition?
British Columbia, Canada
The following excerpt is from Mowat v. Dudas, 2012 BCSC 454 (CanLII):
Ben 102 Enterprises was followed in Vetter v. Bolivar, 2010 BCSC 652. In that case, at paragraph 18, Josephson J. accepted the proposition that where co-owners have entered into an agreement that is capable of governing their affairs, including how and when one tenant is permitted to dispose of its interest, the agreement is a bar to the presumptive entitlement of partition.
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