1230310 BC Ltd. v. 1122792 BC Ltd.
1230310 BC Ltd.
Law Firm / Organization
Badh & Rejminiak LLP
1122792 BC Ltd.
Law Firm / Organization
Waller Law
Lawyer(s)

Paul Waller

Wieslaw Adam Makucki
Law Firm / Organization
Unrepresented
11957961 Canada Ltd.
Law Firm / Organization
Unrepresented
  • Facts: 1230310 BC Ltd. entered into a contract to purchase real property from 1122792 BC Ltd., which was not completed due to existing complications and claims by another party, Johnson, leading to various legal actions. A certificate of pending litigation (CPL) was registered by 1230310 BC Ltd., which 1122792 BC Ltd. sought to cancel, claiming that no significant legal action had been taken by 1230310 BC Ltd. to advance their claim.

  • Issue: The main legal issue was whether the CPL registered by 1230310 BC Ltd. should be cancelled given the alleged inactivity in prosecuting their claim and the associated impacts on the property title and subsequent transactions.

  • Court's Ruling: The court decided not to cancel the CPL, finding that despite the delay in action from 1230310 BC Ltd., they had begun to take steps to resolve the issue. The court determined that the interests of justice favored maintaining the CPL to avoid greater prejudice to 1230310 BC Ltd.

  • Costs/Damages Awarded: Costs of the application to cancel the CPL were to be determined later in the cause, implying that the issue of who will bear the costs was deferred and will be addressed as the case progresses.

Supreme Court of British Columbia
15160
Real estate
Plaintiff