Background: The Supreme Court of British Columbia heard the case "Persad v. Chahal" on May 1, 2024, concerning a dispute over real estate transactions and equitable claims associated with a property in Mission, BC.

Legal Issues: Rakesh Persad registered a Certificate of Pending Litigation (CPL) against a property owned by Amritpal Singh Chahal after alleging material breaches of the Purchase Contract by Chahal. Persad sought the rescission of the contract and the return of his $100,000 deposit, claiming an equitable interest in the property. Chahal challenged the CPL, asserting that Persad failed to claim an actual interest in the land in his Amended Notice of Civil Claim (Amended NCC).

Held: The court found that the Amended NCC, though not explicitly claiming a substantive constructive trust, sufficiently advanced this claim implicitly. The claim was based on allegations of misrepresentation that induced Persad to enter the contract and make a deposit, which was allegedly used by Chahal to improve the property. The court dismissed Chahal's application to strike the CPL, finding that Persad's allegations, read as a whole, supported a claim to a substantive constructive trust in the property.

Costs/Damages Awarded: Justice Lamb awarded costs of the application to Rakesh Persad, favoring him in the outcome of this procedural matter. The exact amount was not specified in the provided details of the judgment.