What is the test for a party who does not wish to suffer partition or sale?
British Columbia, Canada
The following excerpt is from A.B.Z. v. A.L.F.A., 2014 BCSC 1453 (CanLII):
A party who does not wish to “suffer partition or sale” bears the onus of demonstrating to the court that justice requires that the order for partition or sale not be made. Failing such a demonstration, the court must enforce the interested party’s prima facie right to partition or sale: Zackariuk v. Chepsiuk, 2005 BCSC 919, at para. 29.
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