Plaintiff
Defendant
Facts: 1332404 B.C. Ltd. (133) entered into a contract with 1266685 BC Ltd. (126) to purchase subdivided lots. The contract was later amended to specify lot sizes, but 1317903 B.C. Ltd. (131) altered the subdivision plan, resulting in different lot sizes than agreed upon. 133 claims the contract changes weren't approved as required by the Real Estate Development Marketing Act, and registered a certificate of pending litigation (CPL) against the property.
Issue: Whether the CPL should be canceled because the notice of civil claim does not establish a legitimate claim of an estate or interest in the property as required by law.
Court's Ruling: The court canceled the CPL, finding it was improperly registered because 133's primary goal was to rescind the contract and recover deposits, not assert an interest in the land. It ruled that a purchaser's lien or a claim of unjust enrichment, which could imply an interest in the property, was inconsistent with the actions and remedies sought by 133.
Costs/Damages Awarded: Costs were ordered to be in the cause, meaning they will be determined based on the outcome of the ongoing litigation.
Court
Supreme Court of British ColumbiaCase Number
S250439Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
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