Key Points:
- Claim: The Applicants sought to cancel the current land title (in Nilsson’s name) and register it in their own names based on an alleged land sale contract.
- Background:
- The Applicants entered into a Mortgage Agreement in 2017, purchasing land for $850,000 with a $250,000 deposit and the remainder financed by Nilsson.
- Only one mortgage payment of $3,800 was made. A balance of $849,699 remained by 2022.
- Due to administrative errors, the land title transfer to the Applicants was never completed.
- Dispute:
- The Applicants claim they should own the land based on the Mortgage Agreement and a failed land transfer attempt.
- Nilsson contends that after the Applicants defaulted on the mortgage, the agreement was altered orally, stipulating that the land title would transfer only after the mortgage was fully paid.
- Decision:
- The Court dismissed the application, citing unresolved factual disputes about the land agreement's terms and credibility issues.
- The case will proceed to trial, with the claim being converted into a Statement of Claim.
The Court ruled that the complexity of the facts made it inappropriate for summary judgment, necessitating a full trial. No monetary award was specified.
