Background:
Rakesh Sharma, the respondent, filed a notice of civil claim (NOCC) against Navdeep Singh Batth, Rupinder Singh Batth, and others, alleging that they misappropriated a $100,000 loan he provided. The funds were allegedly used to acquire or increase equity in real estate properties owned by the Batths and Intercontinental Global Immigration Solutions Corporation (ICGS), where Navdeep Batth held a beneficial interest.

Legal Issues:
The key issue was whether the NOCC disclosed a claim to an interest in the properties sufficient to support the filing of Certificates of Pending Litigation (CPLs) under section 215(1) of the Land Title Act. The appellants argued that the NOCC did not properly plead a claim to an interest in land, only seeking damages, which they contended was insufficient for a CPL.

Court's Decision:
The Court of Appeal dismissed the appeal, upholding the chambers judge's decision that the NOCC, when read as a whole, did plead a claim to an interest in the properties. The Court found that the allegations supported a claim for a substantive constructive trust, which justified maintaining the CPLs. The Court did not address any award or costs as it focused on the legal sufficiency of the pleadings.

Outcome:
The appeal was dismissed, with the Court affirming the NOCC’s adequacy in supporting the CPLs. No specific monetary award or costs were detailed in the judgment.