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  • 4 (1) Any person who, if this Act had not been passed, might have maintained a proceeding for partition may maintain such a proceeding against any one or more of the interested parties without serving the other or others, and a defendant in the proceeding may not object for want of parties.
  • (2) The court may order inquiries as to the nature of the property, the persons interested in it and other matters it thinks necessary or proper, with a view to an order for partition or sale being made on further consideration, but all persons who, if this Act had not been passed, would have been necessary parties to the proceeding must be served with a notice of the order.
  • (3) Persons served with notice under subsection (2)
  • (a) are bound by the proceeding as if they had been originally parties to the proceeding,
  • (b) may participate in the proceeding, and
  • (c) may apply to the court to amend the order.

1979-311-4.

CASE LAW

In a proceeding brought under the Partition of Property Act because the deadline for proceeding under the Family Law Act, S.B.C. 2011, c. 25 had long since passed, the court dismissed the petition for sale of jointly owned rental property under s. 4 of the Partition of Property Act because the petitioner lacked standing despite her 50% interest. The court said the law is clear that a right to immediate possession of the property is an essential part of standing to make application under the Partition of Property Act, and a co-owner of property that is subject to a tenancy under the Residential Tenancy Act, S.B.C. 2002, c. 78 does not have a right to immediate possession and therefore lacks standing (Benias v. Lee, 2021 BCSC 2312).