Respondent
Petitioner
Facts: Donovan Roberts purchased a property from Shelina Dhanani, who was listed as the owner. Despite paying the full price and initiating the title transfer, complications arose due to claims of beneficial ownership by other parties and subsequent legal claims and caveats placed on the property, which obstructed the registration of the transfer.
Issue: The primary issue was whether the title to the property could vest in Roberts despite multiple caveats and certificates of pending litigation claiming beneficial ownership by other parties, including claims of equitable fraud and questions regarding Dhanani’s authority to sell the property.
Court's Ruling: The court ruled in favor of Roberts, finding him to be a bona fide purchaser for value. It ordered that the transfer be registered subject to existing certificates of pending litigation, thereby upholding the “first in time” principle under the land title registration system, which prioritizes the timing of registration submissions over subsequent claims.
Costs/Damages Awarded: The court preliminarily indicated that Roberts should receive his costs for the petition due to his success in the matter, with a provision for parties to make further submissions on costs if necessary.
Court
Supreme Court of British ColumbiaCase Number
S245109Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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