Roberts v. Kassam
Izaam Kassam
Law Firm / Organization
Equinox Law
Lawyer(s)

Brent Carpenter

Minaz Kassam
Law Firm / Organization
Equinox Law
Lawyer(s)

Brent Carpenter

Moez Badrudin Hasham Kassam
Law Firm / Organization
Unrepresented
Shelina Dhanani
Law Firm / Organization
Not Specified
Lawyer(s)

J. You

Donovan Roberts
Law Firm / Organization
Allen/McMillan Litigation Counsel
Lawyer(s)

Greg J. Allen

  • 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.

Supreme Court of British Columbia
S245109
Real estate
Petitioner