What is the jurisdiction of a court to hear an action under the provisions of the Partition Act?

In Roach v. McNeil, 2014 NSSC 112 (S.C.), I reviewed the court’s jurisdiction in respect of proceedings arising under the provisions of the Partition Act at paras 48 – 58; I adopt this reasoning.

Two remedies are available under the Partition Act. I can either appoint commissioners to have the property partitioned, or I can order that the property be sold. If I decide that the property must be sold, I then have to determine how the sale should proceed. There are two options. I can order a sale through a process similar to a foreclosure sale, or I can order that the property be sold through a listing agent: Roach v. McNeil, supra at para 63.