24 Mar 2023
1305788 B.C. Ltd. v Sodhi Dream Homes Ltd.
Defendant, Sodhi Dream Homes Ltd., sought leave to amend its counterclaim, asserting an equitable interest through a purchaser's lien. The application required assessing the lien's nature and reasonableness of the claim. The real estate transaction, initially valued at $2,800,000, failed, resulting in claims and counterclaims for damages. The litigation is in its early stages, with no trial dates set. The application centered on whether Sodhi Dream Homes met the criteria for amending the counterclaim. After considering the lien's nature, background facts, procedural history, and legal analysis, the court granted Sodhi Dream Homes' request to amend, allowing Number Co. to respond. Costs to be determined.