Background:
1153765 B.C. Ltd., a development company, contracted with Jeannette Ty Dee Dann, a legal assistant and Burnaby property owner, to oversee and finance the completion of her residential construction project. The plaintiff claimed $183,231.32 in unpaid expenses, alleging breach of contract, unjust enrichment, and entitlement to a constructive trust over the property.

Legal Issues:

• Whether the plaintiff’s pleadings disclosed a valid interest in land, justifying a Certificate of Pending Litigation (CPL) under Section 215 of the Land Title Act.
• Whether the unjust enrichment claim was viable, given the plaintiff also pleaded the existence of a contract.
• Whether the CPL should be cancelled due to inadequate pleadings and the plaintiff’s failure to file a builders lien under the Builders Lien Act.

Court's Findings:
Justice Douglas held that the pleadings did not support a claim to an interest in land. The alleged unjust enrichment was found to be remediable through monetary damages, not a proprietary remedy. The CPL was cancelled, and unjust enrichment and constructive trust claims were struck. The plaintiff’s failure to plead why monetary damages were inadequate was critical.

Outcome:
Costs were awarded to Jeannette Ty Dee Dann on the ordinary scale. The court dismissed the plaintiff's claim for $183,231.32 pending further amendments or applications.