Background

• Aura Ventures owns properties in Hastings–Sunrise, Vancouver.
• The City owns a collective parking lot ("Lands") and maintains it under Part XXIV of the Vancouver Charter.
• Aura claimed the City held the Lands in trust for nearby property owners.

Lower Court Decision

• The trial judge dismissed the action, finding no trust was established.

Key Issues on Appeal

1. Trust Obligation: Did the City hold the Lands in trust for the property owners?
2. Suitability for Summary Trial: Was the summary trial appropriate?

Court of Appeal Decision

• Held: Appeal dismissed.
• Rationale:
  • Express Trust: No clear intention to create a trust was found; the City's acquisition of the Lands was statutory.
  • Resulting Trust: No gratuitous transfer occurred; the special assessments were taxes.
  • Constructive Trust: No equitable basis (e.g., unjust enrichment) existed to impose a constructive trust.
  • Summary Trial Suitability: The case was appropriately handled via summary trial due to the legal issues involved.

Conclusion

• The court upheld the trial decision, confirming that no trust existed in favor of the property owners over the Lands.
• The total amount ordered for award is not explicitly mentioned in the document.