Background:
The case arose after the death of Agya Pal Singh Ladhar, whose estate was managed by his daughter, Harveer Ladhar. Agya Pal Singh Ladhar had been involved in real estate ventures and owned Ladhar Development Ltd. After his death, a dispute emerged between his estate and his brother, Jaskirat Singh Ladhar, and nephew, Navjeevan Ladhar. The estate claimed that Navjeevan Ladhar used funds belonging to Ladhar Development Ltd. to purchase and develop the property at 7946 14th Avenue, Burnaby. The plaintiff sought to trace these funds and establish a constructive trust over the property.

Legal Arguments/Issues:
The plaintiff alleged that the funds used for the 14th Avenue property were misappropriated from the estate, and sought to maintain a Certificate of Pending Litigation (CPL) to prevent the sale of the property. The defendants, in contrast, claimed that the funds used were from separate loans and not connected to the estate, arguing for the cancellation of the CPL to proceed with the sale of the property.

Court Decision:
The court found that the CPL caused significant hardship by impeding the sale of the property. Consequently, the CPL was ordered to be canceled upon the defendants posting security equal to 50% of the net sale proceeds.

Costs:
No special costs were awarded, and the costs of the application were left to be decided later based on the overall outcome of the case.