1355866 B.C. Ltd. v. Chahal
1355866 B.C. Ltd.
Law Firm / Organization
Miller Thomson LLP
Lawyer(s)

Bryan Hicks

Olympia Holdings Inc.
Law Firm / Organization
Miller Thomson LLP
Lawyer(s)

Bryan Hicks

Amritpal Singh Chahal
Law Firm / Organization
Atwal & Associates Trial Lawyers
Lawyer(s)

Raman S. Atwal

Manpreet Kaur Chahal
Law Firm / Organization
Atwal & Associates Trial Lawyers
Lawyer(s)

Raman S. Atwal

1356423 B.C. Ltd.
Law Firm / Organization
Atwal & Associates Trial Lawyers
Lawyer(s)

Raman S. Atwal

1344192 B.C. Ltd.
Law Firm / Organization
Atwal & Associates Trial Lawyers
Lawyer(s)

Raman S. Atwal

RKK Logistics Inc.
Law Firm / Organization
Unrepresented

Background: The case dealt with real estate transactions, specifically focusing on the enforcement of contractual terms related to the sale and development of properties, the application of the Land Title Act, and equitable remedies concerning property rights.

Issues:

  1. Mortgage Cancellation: The defendants sought to cancel a mortgage registered by 1355866 B.C. Ltd. on a residential property. The court determined that the mortgage was properly registered and dismissed the request for cancellation.
  2. Certificates of Pending Litigation (CPL): The defendants requested the cancellation of CPLs that were filed to protect the plaintiff's interest in the land. The court found that the CPLs were justified based on the equitable interest claimed by the plaintiffs in the properties.
  3. Security for Costs: The plaintiffs were asked to post $25,000 as security for costs. The court did not require the plaintiffs to post security, as it was not convinced that the plaintiffs would be unable to cover the costs if they lost.

Held: The applications to cancel the mortgage and CPLs were dismissed. The request for the plaintiffs to post security for costs was also dismissed. The decision emphasized proper registration practices and the significance of equitable interests in real estate dealings.

Costs/Damages Awarded: The parties were ordered to bear their own costs, resulting in no award of costs or monetary award in favor of either party.

Supreme Court of British Columbia
S245012
Real estate
Other