Facts: Jian Dong Chen filed a case against Yuan Xun Bao, asserting that Bao should hold a property in Burnaby, British Columbia, in trust for him. Chen claimed the property transfer invoked a resulting trust, or alternatively, was due to unjust enrichment. Bao contested, arguing the transfer was part of a debt settlement and not gratuitous, thus not creating a resulting trust.
Issue: The court needed to determine if the case was suitable for summary trial and whether Bao held the property in trust for Chen, focusing on the intent behind the property transfer and the existence of any trust or unjust enrichment.
Court’s Ruling: The court concluded that the case was not suitable for summary trial due to significant evidence conflicts and the need for a comprehensive assessment of witness credibility at a full trial. The court dismissed the summary trial application, stating that the issues required a more detailed examination than what the summary trial could provide.
Costs/Damages Awarded: Costs of the application were awarded to Bao Jr. (Bao), but the exact amount was not specified in the provided text. The decision on costs followed the principle that the successful party in the application should be awarded costs, aligning with legal norms that costs are typically awarded to the successful party in litigation matters.
