Courts of Justice Act
judgment for partition or sale
(Court file no.)
(Name of judge or officer) (Day and date judgment given)
(Title of proceeding)
(Recitals in accordance with Form 59B)
1. THIS COURT ORDERS AND ADJUDGES that all necessary inquiries be made, accounts taken, costs assessed and steps taken by the master (or as may be) at (place) for the partition or sale, or for the partition of part and sale of the remainder, of the land described in the attached schedule in accordance with the interests of the parties entitled to share in it.
2. THIS COURT ORDERS AND ADJUDGES that the land, or such part of it as the referee thinks fit, be sold under the direction of the referee, free of the claims of encumbrancers, if any, who have consented to the sale, and subject to the claims of encumbrancers who have not consented to the sale, and that the purchaser pay the purchase money into court to the credit of this proceeding, subject to the order of the court.
3. THIS COURT ORDERS AND ADJUDGES that the referee execute a transfer for any party who is a minor.
4. THIS COURT ORDERS AND ADJUDGES that, if the land is partitioned or if part of the land is partitioned and the proceeds of the sale of the remainder are insufficient to pay the costs in full, the unpaid costs be paid by the parties according to their interests in the land (where there are parties who are minors, add: and that the portion of the costs payable by the parties who are minors be a lien on their respective shares, and that the plaintiff (or applicant) pay the costs of their litigation guardian and that those costs be added to the plaintiff’s (or applicant’s) costs.)
(Signature of judge, officer or registrar)
RCP-E 66A (November 1, 2005)