Facts: The case involves 1038573 B.C. Ltd.'s application to remove a certificate of pending litigation (CPL) against the strata lots and common property of Strata Plan NW289, known as Cameray Gardens. The dispute arose from a conditional purchase and sale agreement for the assembly sale of all strata units, where the liquidator represented the strata owners in the sale.
Issue: The central issue is whether the CPL, filed by the plaintiff against the property to secure a claim for specific performance of the sale agreement, should be set aside. The court needed to consider the legitimacy of the CPL, the standing of the liquidator to apply for its removal, and whether the CPL caused hardship and inconvenience.
Court's Ruling: The court ruled against the liquidator's application to set aside the CPL. It found that the liquidator had standing but failed to demonstrate that the CPL caused significant hardship and inconvenience. Furthermore, the court was not convinced that the plaintiff’s claim for specific performance was plainly and obviously bound to fail.
Costs/Damages: The court awarded costs to the plaintiff, 1038573 B.C. Ltd., in the cause. However, the exact amount of costs or damages awarded was not specified in the provided excerpts.
