Plaintiff
Defendant
Background:
RStyle Enterprises Ltd. filed a claim against 1308879 B.C. Ltd. regarding a failed real estate purchase agreement for properties in Surrey, British Columbia, valued at $11 million. The plaintiff paid a $1.1 million deposit but alleged the defendant breached the contract by failing to provide required services and proper notice. The defendant claimed the plaintiff repudiated the contract and forfeited the deposit.
Legal Issues:
Certificate of Pending Litigation (CPL): The court considered whether the plaintiff’s amended claim supported maintaining the CPL under section 215(1) of the Land Title Act.
Interest in Land: The plaintiff sought a purchaser's lien and argued for the return of the deposit due to the defendant's alleged repudiation. The defendant argued no valid interest in land was claimed.
Contractual Termination: The plaintiff elected to treat the contract as terminated and sought return of the deposit, abandoning claims for specific performance.
Judgment:
Justice Taylor ruled the plaintiff’s amended claim did not establish a sufficient interest in land to justify the CPL. The court canceled the CPL, concluding the plaintiff's claim was effectively a monetary dispute for the return of the deposit, inconsistent with maintaining an interest in land.
Outcome:
The court ordered the CPL discharged without conditions. Costs were awarded to the defendant, 1308879 B.C. Ltd., in the cause, pending further submissions if necessary. The exact monetary award was not specified in the judgment.
Court
Supreme Court of British ColumbiaCase Number
254032Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
Download documents