Background: Eagle Mountain Investments Inc., Byron Jaromir Dafoe, Kimberly Ann Dafoe, and Scott Michael Wilshaw were involved in a real estate project in Peachland, BC. They had several agreements with Promerita Real Estate Capital Corp., including a loan agreement, an MOU, and an assignment and assumption of loan and security agreement (AALSA). The petitioners claimed that debts and obligations were assigned to The Point 3P Limited Partnership, but Promerita attempted to enforce the original security interests against them.

Legal Arguments/Issues: The petitioners sought a permanent injunction and declaratory relief that certain security documents were void, arguing Promerita's enforcement actions were invalid due to the debt assignment. The respondents opposed this, asserting the enforcement was necessary due to unpaid debts.

Held: Justice Hardwick ruled that the case could not be summarily determined due to conflicting evidence and unresolved factual disputes. The matter was remitted to the trial list under Rule 22-1(7)(d) of the British Columbia Supreme Court Civil Rules. Ancillary orders required the petitioners to file a notice of civil claim within 30 days and the respondents to file a response within 45 days. The proceeding would be governed by the Rules as an action, including disclosure and discovery, with a trial date set within 60 days. The interim order by Justice G.P. Weatherill remained in force until trial.

Costs/Damages Awarded: Each party bore its own costs for the appearances before Justice Hardwick. All other costs were left to the trial judge's discretion. No damages were awarded at this stage.