Plaintiff
Defendant
Facts: Visionlink Corp. claimed beneficial ownership of land registered under Kitov Resources Ltd., based on trust declarations from 2005 and 2006. Stephen Patterson had judgments against Kitov and registered these against the land, leading to an order for the land's sale.
Issue: The court had to decide whether Visionlink’s claim of beneficial ownership was valid and whether the action constituted an abuse of process or collateral attack on the court orders obtained by Patterson in the Court Order Enforcement Act (COEA) proceedings.
Court’s Ruling: The court struck Visionlink's claim as an abuse of process and collateral attack on the COEA declarations and orders in favor of Patterson. It did not strike or dismiss the claim based on failure to post security for costs or the summary trial rule.
Amount of Costs/Damages Awarded: Patterson was awarded costs against Visionlink at Scale B, though the specific monetary amount is not provided in the summary.
Court
Supreme Court of British ColumbiaCase Number
S230965Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
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