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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