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In This Volume

  • 13 In addition to the owner’s other rights and remedies, an owner who, because of the default of another registered owner, has been called on to pay and has paid more than the owner’s proportionate share of the mortgage money, rent, interest, taxes, insurance, repairs, a purchase money instalment, a required payment under the Strata Property Act or under a term or covenant in the instrument of title or a charge on the land, or a payment on a charge where the land may be subject to forced sale or foreclosure, may apply to the Supreme Court for relief under section 14 against the other registered owners, one or more of whom is in default.

1979-340-13; 1998-43-313, effective July 1, 2000 (B.C. Reg. 43/2000); 2016-5-Sch.5.


No Charge for Occupation

In a partition action, outside of ouster and bailiff cases, an occupying owner will not be charged for their occupation unless they claim an allowance for expenses. This rule also applies in an application for sale under the Property Law Act (Bernard v. Bernard, 1987 CanLII 2721 (BC SC)).

Applications for Relief

See the case law annotated under s. 14 of the Act.