Background: SS Unimix Capital (Canada) Inc. ("SS Unimix"), a shareholder of Tiger Bay Development Corporation ("TB Development"), filed a lawsuit concerning the financial management of TB Development's land development project in Britannia Beach, BC. SS Unimix invested $5,500,000 for a 10% ownership stake in TB Development.

Legal Issues:

• CPL Cancellation: TB Development sought to cancel a certificate of pending litigation (CPL) filed by SS Unimix against its 13 parcels of land, arguing that the CPL was not based on a proprietary interest and caused hardship and inconvenience.
• Proprietary Interest: The court examined if SS Unimix's claim met the threshold for a proprietary interest under s. 215 of the Land Title Act.
• Fraud and Misrepresentation: SS Unimix alleged that TB Development's founder, Cun Fu Cheng, misused investment funds and made fraudulent representations.
• Oppression and Unjust Enrichment: SS Unimix claimed that TB Development's actions constituted oppression and unjust enrichment, seeking a constructive trust over the land.

Court's Analysis: The court determined that SS Unimix’s claims were fundamentally about breach of contract and mismanagement rather than a direct interest in land. The allegations did not provide the required nexus to the property. The court also found that the CPL caused significant hardship and inconvenience to TB Development by hindering refinancing efforts and threatening foreclosure.

Decision: The court granted TB Development's application to cancel the CPL and awarded costs to the defendants. The total amount of costs was not specified in the document.