What is the legal test for judicial sale of real property in an action for specific performance or cancellation?

Saskatchewan, Canada


The following excerpt is from Viking Holdings Ltd. V. Basic Management Ltd., Tower Mortgage Ltd., Royal Bank Of Canada And Western Stockyards Limited, 1982 CanLII 2734 (SK QB):

It is of some interest to note that in British Columbia there is a statutory provision for sale of real property in an action for specific performance or cancellation in the Law and Equity Act, R.S.B.C. 1979, c. 224, s. 16, which reads: “16. The court may, before or after judgment in a proceeding “(a) by a mortgagee, for the foreclosure of the equity of redemption in mortgaged property; or “(b) by a vendor of land, where a claim for the cancellation of the agreement is made, with or without a claim for the forfeiture of money paid on account of the purchase price, “on the application of a person who has an interest in the property or land, direct a sale of the property or land on the terms the court considers just.” That section is referred to in Foster v. Forty, supra. It seems that a statutory jurisdiction was thought necessary or desirable for judicial sale in an action for specific performance or cancellation.

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