Background: Save-A-Lot Holdings Corp. ("Save-A-Lot") appealed an order from the Supreme Court of British Columbia that canceled certificates of pending litigation (CPLs) on a property in Chilliwack, BC, owned by Tom Christensen and his family. Save-A-Lot alleged that Tom Christensen misappropriated funds and used them for personal property improvements.

Legal Arguments/Issues: The chambers judge found hardship based on Tom Christensen’s need to refinance the property at a high interest rate due to the CPLs. The judge limited Save-A-Lot’s claim to $20,000, based on particulars rather than the pleadings. Additionally, the chambers judge failed to assess whether damages could adequately remedy Save-A-Lot under s. 257(1)(a)(i) of the Land Title Act (LTA). Save-A-Lot’s applications for adjournments to permit cross-examination on affidavits or further discovery were dismissed.

Decision: The Court of Appeal allowed the appeal regarding the cancellation of the CPLs. It ruled that the chambers judge erred by not properly weighing evidence of hardship and by limiting the claim to $20,000 without assessing the probability of success and potential damages. The order canceling the CPLs was set aside, and the application to cancel the second CPL was dismissed. The appeal against the adjournment applications' dismissal was denied.

Outcome: Save-A-Lot Holdings Corp. was the successful party. The document did not specify the total costs awarded to Save-A-Lot.