Plaintiff
Defendant
Facts: Eagle Mountain Farm Ltd. leased land from Satnam Education Society of BC for blueberry farming. The Society allegedly failed to make the land suitable for farming, leading to additional expenses and improvements by Eagle Mountain, which they claim increased the property's value. Eagle Mountain sought a constructive trust over the land, claiming unjust enrichment.
Issue: Whether the pleadings disclosed a claim to an interest in land sufficient to justify a certificate of pending litigation (CPL) and if Eagle Mountain's improvements entitled them to a constructive trust over the property.
Court's Ruling: The court determined that the pleadings did not support a claim of a constructive trust and, therefore, did not establish a claim to an interest in the land. It was held that monetary damages could provide adequate relief for Eagle Mountain's claims. Consequently, the CPL was ordered to be cancelled.
Costs/Damages Awarded: The court did not specify the exact amount of costs or damages awarded but granted costs of the application to the defendant, Satnam Education Society, to be paid by Eagle Mountain Farm Ltd. The decision on the immediacy of the costs payment was reserved.
Court
Supreme Court of British ColumbiaCase Number
S225968Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
Download documents