What is the legal test for setting off compensation under section 4 of the Partition Act?

Section 4 of the Partition Act provides two principle remedies. The first, and the preferred remedy, is the partition of real property, which is legislatively delegated as the responsibility of court-appointed commissioners pursuant to ss. 17 and 18 of the Act: MacMillan v. MacMillan, 2013 NSSC 393, para. 53. The detailed procedures and processes to be followed by commissioners are outlined in ss.19 to 24 and 29 to 32 of the Act. Under s. 24(1) of the Act, Commissioners have the authority, in specified circumstances, to “... set off to any one of the parties who will accept it, upon payment by him to any one or more of the others of such compensation as the commissioners determine.”