Cooney v. Purely Canadian Log Homes Ltd.
Dave Cooney
Law Firm / Organization
FH&P Lawyers LLP
Lawyer(s)

Colin Flannigan

Purely Canadian Log Homes Ltd.
Law Firm / Organization
Pushor Mitchell LLP
Lawyer(s)

Joni Metherell

Background: The dispute in "Dave Cooney v. Purely Canadian Log Homes Ltd." centered on the cancellation of a Certificate of Pending Litigation (CPL) registered against property by Dave Cooney, which was objected by Purely Canadian Log Homes Ltd. The case was adjudicated in the Supreme Court of British Columbia.

Legal Issues/Arguments: The core issues involved the interpretation and enforcement of shareholder agreements, land development rights, and claims of unjust enrichment, constructive trust, and specific performance. The court examined whether inactivity in prosecution justified the cancellation of the CPL under section 252 of the Land Title Act. Dave Cooney argued that he had an interest in the property based on his financial contributions to the development, claiming unjust enrichment and an implied trust. Purely Canadian Log Homes Ltd. countered that Cooney failed to fulfill his agreement to develop the property and disputed the basis of his claims.

Decision: The court decided in favor of Purely Canadian Log Homes Ltd., allowing the cancellation of the CPL. It found that the statutory conditions for cancellation were met due to the lack of prosecution steps by Cooney for over a year. The court presumed prejudice against the defendant and was not persuaded by Cooney’s reasons for delay.

Costs/Damages Awarded: As the successful party, Purely Canadian Log Homes Ltd. was entitled to its costs of the application at Scale B. Financial terms were not specified.

Supreme Court of British Columbia
S123865
Real estate
Defendant