The only remaining issue is whether the cost of a sale should be deducted from the amount payable by the bankrupt. It is noted that the act of assignment operates as a notional sale of the joint tenancy. It is further noted that in R v. Chisick the court at both instances concluded that the amount to be paid to the trustee was the “net proceeds”, after deducting the “usual adjustments and solicitors fees”. In my view, it is therefore appropriate to deduct a percentage amount based on current real estate commission rates of seven percent.
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