Facts: Ajit Singh and Avtar Kaur Virk were in litigation over the ownership of a residential property in Surrey, BC. Singh is the registered owner, and Virk, holding a 60.31% beneficial interest established through a constructive trust, resides at the property. Following an 11-day trial and appeals, Virk sought to purchase Singh’s 39.69% interest rather than sell the property publicly.

Issue: The main issue was whether the property should be sold as Singh desired, or whether Virk could buy out Singh’s interest as she proposed, based on her undertaking to purchase pursuant to the Partition of Property Act.

Court's Ruling: The court decided not to order a public sale of the property. Instead, it accepted Virk’s unconditional undertaking to purchase Singh’s fractional interest. The court directed that if the parties could not agree on a price by a set deadline, they should obtain appraisals to help determine the fair market value.

Costs/Damages Awarded: The court ordered each party to bear their own costs of the petition. Virk generally succeeded but was deprived of potential costs entitlement due to her late filing of response and affidavit.