Plaintiff
Defendant
Background: The Defendants purchased the property in 2012, intending to transfer it to Vance Harold Wilson once he fulfilled certain financial obligations outlined in a Letter of Intent. Vance died in December 2023, and the Plaintiffs claimed Vance had met the financial obligations, seeking to vest the title in Taunya Wilson's name.
Legal Issues: The Plaintiffs argued the property was held in an express trust for Vance and that the Defendants would be unjustly enriched if they sold it. They also claimed the Defendants owed a fiduciary duty to them.
Defendants' Position: The Defendants sought to cancel the CPL, arguing that Vance failed to meet his financial commitments by the agreed deadline and that they would suffer hardship if the CPL remained, preventing the sale of the property.
Legal Principles: The Court applied sections 256 and 257 of the Land Title Act, which allow for the cancellation of a CPL if hardship and inconvenience are proven, and if damages can provide adequate relief.
Judgment: Justice Armstrong found that while the Defendants proved hardship, it was not plain and obvious that Vance's claim would fail. The CPL remained, with Taunya Wilson ordered to provide an undertaking and security of $25,000.
Conclusion: The application to cancel the CPL was dismissed. Taunya Wilson was required to provide an undertaking and security, reflecting the weak probability of success for the Plaintiff's claim and limited evidence of her financial circumstances. The document did not specify a total amount awarded to either party.
Court
Supreme Court of British ColumbiaCase Number
S252668Practice Area
Real estateAmount
Winner
PlaintiffTrial Start Date
Download documents