What is the law regarding partition and sale of property under the Personal Property Protection Act?

Numerous cases have considered the law regarding the partition and sale of property under the PPA. The law is not controversial. Section 6 applies where an applicant has a 50% or greater interest in the land. Section 7 applies where the applicant holds less than a 50% interest. As Madam Justice Newbury noted in Elsen v. Elsen, 2011 BCCA 314, the usual order made under s. 6 or 7 is for sale and distribution of the proceeds rather than division or partition: para. 25. I am satisfied that the orders sought as set out in paragraphs 1 to 4 and 6 to 10 of the petition effectively seek that remedy. Accordingly, the issue here is whether an order should be made under one or the other of those sections. …