Background: Oikon Developments Inc., owned by William Economos, who was married to Evelyn Economos, daughter of Christos Christodoulou, alleged joint venture agreements in 2012 and 2019 with Chris & Mando Ltd., owned by Christodoulou. These agreements aimed to improve and manage the Balsam Property in Vancouver and the Burnaby Property in Burnaby. The plaintiffs provided construction, renovation, and tenant management services, claiming their efforts significantly increased the properties' value.

Legal Arguments/Issues: The defendants applied under section 215 of the Land Title Act (LTA) to cancel five certificates of pending litigation (CPLs) registered by the plaintiffs against the properties. The key issue was whether the plaintiffs’ amended notice of civil claim (NOCC) sufficiently pleaded a claim to an interest in the properties, necessary for maintaining the CPLs. The plaintiffs alleged the defendants benefited from their services without compensation, seeking a remedial constructive trust over the properties based on unjust enrichment. The defendants argued the NOCC did not disclose a viable claim to an interest in land, as it primarily sought a monetary remedy for breach of contract.

Held: The court concluded that the plaintiffs’ NOCC adequately pleaded a claim to an interest in land under section 215 of the LTA, with sufficient claims of unjust enrichment and a causal connection to the properties.

Costs/Awards: The defendants’ application to cancel the CPLs was dismissed. The plaintiffs were awarded costs of the application as costs in the cause, at Scale B.