What is the test for an order for sale?
British Columbia, Canada
The following excerpt is from A.B.Z. v. A.L.F.A., 2014 BCSC 1453 (CanLII):
There is no general rule or formula to be applied in determining whether justice requires that an order for sale should be made in a particular case. The discretion conferred on the court is broad and unfettered. Where the relationship between the parties is marked by significant conflict and animosity, a sale is preferable to partition alone which would force the parties “into an unhappy proximity”: Hedrick v. Graham, 2012 BCSC 1760, at para. 52.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Does a judge have jurisdiction to enter an entered order on an order for sale of a property made at trial? (British Columbia, Canada)
In what circumstances will a court order that the proceeds of a sale of machinery be returned to the court as proceeds of the sale of the machinery for damages? (British Columbia, Canada)
Is an interim order allowing J.F.R. to list for sale the house to be listed for sale intended to have permanent effect? (British Columbia, Canada)
Can a joint guardianship order be ordered even if there is no cooperation necessary for joint custody? (British Columbia, Canada)
What is the legal test for the sale of a property where the seller alleges there was a cannabis grow operation at the time of sale? (British Columbia, Canada)
Does an order under s. 9 of the Guidelines on Special and extraordinary expenses include a separate order as to special and extraordinary expense? (British Columbia, Canada)
Can a court be functus officio where it entered an order with respect to liability and damages but retains jurisdiction to order costs? (British Columbia, Canada)
