Supreme Court

Decision Information

Moss v Zorn, Lidbury and Machin

Court Supreme Court
Date 1991-03-11
Other citations [1991] NWTR 141
File numbers CV 02673
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Clark (Clarke) v. Clarke, [1974] 5 W.W.R. 274 (Alta. C.A.)
Wikstrand v. Cavanaugh, [1936] 1 W.W.R. 113 (Alta T.D.)
Barnes v. Henshaw, [1980] 5 W.W.R. 755 (B.C. Co. Ct.)
Hay v. Gooderham (1979), 24 O.R. (2d) 701 (Div. Ct.)
Ontario Power Co. v. Whattler (1904), 7 O.L.R. 198 (Div. Ct.)
Evans v. Evans; Evans v. Jones (1883), 52 L.J.CH. 304
Gilbert v. Smith (1879), 11 CH. D. 78 (C.A.);
Re Dyer; Dyer v. Paynter (1885), 54 L.J.CH. 1133 (C.A.)

Statutes considered:
Partition Act, 1868 (U.K.), 31 & 31 Vict. c. 40, s. 3
Northwest Territories Act, R.S.C. 1985, c. N-27, s. 22
Judicature Act, R.O.N.W.T. 1974, c. J-1, s. 19(q)
Joint Tenants and Tenants in Common, 1539 (U.K.), 31 Hen. 8, c. 1
Joint Tenants for Life or Years, 1540 (U.K.), 32 Hen. 8, c. 32
Decision information:

Abstract: Application for partition and sale - Property owned by four parties as tenants in common - Applicant has moved to British Columbia and no longer has use and enjoyment of the land - Applicant has attempted to sell his interest to the other parties without success - Other parties oppose the application.
Decision: Application granted - Court found the parties are unable to agree and come to a resolution themselves - Applicant has shown good reason for requesting a sale - Costs to be shared equally by the parties.
Subjects: Real property - Co-ownership - Partition and sale - Partition and sale by court order
Keywords: Partition - sale - tenants incommon

Decision Content

There is no document available for this decision.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.