Plaintiff
Defendant
Facts: Jo Ann Lyle claims $105,699.77 from Steven Richard Kanngiesser for a property purchase in Barrier, British Columbia, secured by a "Right to Purchase Agreement." After releasing the agreement, Kanngiesser allegedly failed to pay or register a mortgage, leading to Lyle filing a Certificate of Pending Litigation (CPL) against a property in 100 Mile House purchased by the defendants.
Issue: Danelle Lisa Kanngiesser appealed against the master's decision to dismiss her application to cancel the CPL, arguing it was done in error and that her property rights were being unfairly prejudiced by the CPL.
Court’s Ruling: The Supreme Court of British Columbia dismissed the appeal, holding that the master's decision was not clearly wrong. The court found no exceptional circumstances warranting the cancellation of the CPL and noted the defendants contributed to the delay in proceedings.
Amount of Costs/Damages Awarded: The decision does not specify the amount of costs or damages awarded following the appeal's dismissal. The court focused on the procedural aspects of the CPL and the appeal, rather than on quantifying damages or costs related to the underlying property dispute.
Court
Supreme Court of British ColumbiaCase Number
58237Practice Area
Real estateAmount
Winner
PlaintiffTrial Start Date
Download documents