Case Overview:
Christopher Peter Jackson (petitioner) and Ryan James Vetter (respondent) disputed the sale of a jointly owned property in Kelowna, British Columbia. Both held a 50% beneficial interest as tenants in common. The petitioner sought a sale under the Partition of Property Act (PPA) or Rule 13-5 of the British Columbia Supreme Court Civil Rules, citing financial hardship and the impracticality of co-ownership.

Legal Issues:
The petitioner argued a sale was necessary under the PPA or expedient under Rule 13-5. The respondent opposed the PPA application, claiming the petitioner lacked standing since the property was leased and neither party had immediate possession. Both alleged breaches of co-ownership agreements: the petitioner accused the respondent of de-listing the property and signing a lease without consent, while the respondent claimed the petitioner improperly reduced the listing price.

Court Findings:
The court ruled the petitioner lacked standing under the PPA because of the tenant’s exclusive possession rights, dismissing that portion of the petition. However, it ordered the case to proceed to trial under Rule 13-5 to resolve issues of financial necessity, breaches, and the sale’s terms.

Outcome and Costs:
The court declared both parties as 50% beneficial owners and ordered costs to be in the cause, meaning the successful party at trial would recover costs. No monetary award was issued?.