Background:
Blair Wilson, a 50% shareholder and director of G. Wilson Construction Co. Ltd., disputed control over corporate assets with Catherine Kelly Wilson, his stepmother, who held the remaining shares and served as the other director. The conflict centered on real property located at 138 West 8th Avenue, Vancouver, which Blair claimed was beneficially owned by the company, although title was held by another entity, 444653 B.C. Ltd., owned solely by Catherine. Blair’s attempts to initiate legal action on behalf of G. Wilson Construction were resisted by Catherine, leading him to file a derivative action to advance the company’s interests.

Legal Arguments/Issues:
Blair contended that, under the Business Corporations Act, he was entitled to register a certificate of pending litigation (CPL) against the property without additional court approval, as this was a typical measure to secure a claim to land. Catherine argued that prior court orders limited actions to the filing and serving of the notice of civil claim, requiring court permission for further steps, including the CPL.

Decision:
Justice K. Wolfe allowed Blair to proceed with the CPL, interpreting it as consistent with the previous order's intent to protect corporate interests in the property.

Costs/Awards:
No monetary award was granted, with each party ordered to bear their own costs for this stage.