Respondent
Petitioner
Background: The case revolved around Zeena Al-Khafaji's petition for the partition and sale of her 25% interest in a development lot under the Partition of Property Act
Legal Arguments/Issues: The core issues included determining the fair market value of her interest, the appropriate deductions from the sale price, and whether the other co-owners (her mother, Sonia Al-Khafaji, and Innotech Venture Corporation) could delay purchasing her share at a previously determined value.
Held: The court directed Zeena Al-Khafaji to obtain an updated appraisal based on current market value for her share, which the respondents were to purchase at that price, with the provision for objections regarding the appraisal's validity. The court also clarified which expenses could be deducted from the sale price: Zeena was responsible for her share of specific subdivision costs but not for redevelopment costs or other unrelated expenses.
Total Amount of Costs/Award: The court awarded costs to Zeena Al-Khafaji, as she was largely successful in her petition. However, costs for a particular application for adjournment by the respondents were awarded against her due to her filing of an irrelevant and potentially prejudicial affidavit. The respondents were entitled to deduct $21,067 from the purchase price for Zeena's share in the lane construction costs as part of the subdivision, a necessary expense approved by the city.
Court
Supreme Court of British ColumbiaCase Number
S224180Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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