Respondent
Claimant
Petitioner
Facts: In the case Wood v. Zaepernick, the petitioners sought to remove a Certificate of Pending Litigation (CPL) registered by Rudy Zaepernick against a property owned by Sofia Somani, intending to purchase the property themselves. The CPL was filed due to ongoing family litigation following the end of Zaepernick's marriage-like relationship with Somani. The petitioners had already contracted to sell their own residence and intended to purchase the Ocean Place property but were impeded by the CPL.
Issue: The main legal issue was whether the petitioners should be granted an order to remove the CPL that Zaepernick registered against the property they intended to purchase, considering their claim that it caused them hardship.
Court's Ruling: The court denied the petitioners' application to remove the CPL, finding that any hardship they faced was due to their own decisions, such as not securing alternative accommodation and failing to obtain necessary legal advice regarding the CPL. The court held that the CPL should not be removed merely because of the petitioners' oversight.
Costs/Damages Awarded: Rudy Zaepernick was awarded costs for a half-day hearing from the petitioners, as the court dismissed the petitioners' application to remove the CPL. The specific amount of costs was not detailed in the provided excerpts but was determined based on the hearing's duration.
Court
Supreme Court of British ColumbiaCase Number
S233980Practice Area
Real estateAmount
Winner
RespondentTrial Start Date
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