Can a judgment debtor sell interest in the property that the judgment debtor has in favour of the purchaser?
British Columbia, Canada
The following excerpt is from Bank of Montreal v. Fulthorp, 2006 BCCA 166 (CanLII):
Madam Justice Newbury then discussed (at para. 12) the “seminal case” of Jellett v. Wilkie (1896), 1896 CanLII 49 (SCC), 26 S.C.R. 282, where unregistered owners of land in Saskatchewan were granted a declaration that a writ of execution filed against the lands was a cloud on their titles, and the execution was cancelled from the register. The judgment creditor could only sell the interest that the judgment debtor had in the property, which was subject to the equities in favour of the purchasers.
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