Facts: Douglas Musak, the plaintiff, entered into a contract to buy land from Patrick Tung Sang Ma and Josephine Angela Maher-Ma, the defendants. The sale faltered because the defendants couldn't provide clear title due to an easement claim by adjacent property owners (the Romanows).

Issue: Musak sought specific performance to compel the sale and damages for breach of contract. The initial summary judgment favored Musak, leading to an appeal by the defendants, raising issues regarding procedural fairness and the impact of the judgment on third parties (the Romanows).

Court's Ruling: The British Columbia Supreme Court set aside the summary judgment. The court found procedural issues, particularly around notification and the right of all affected parties (including the Romanows) to be heard, impacting the fairness of the judgment.

Costs/Damages: The document does not specify the exact amount of costs or damages awarded. The court's decision focused on procedural aspects and setting aside the summary judgment rather than assessing specific performance or damages claims. Further proceedings on costs were to be arranged if parties couldn't agree.