Plaintiff
Defendant
Case Overview:
The case revolved around ownership and financial contributions to a property at 18894 53A Avenue, Surrey, B.C. The plaintiff, Anka Sheraz Malik, claimed a 20% beneficial interest in the property, alleging an express trust based on family discussions in 2017-2018 and subsequent verbal agreements.
Key Legal Issues:
Express Trust: Anka alleged that $250,000 from the sale of a prior family home was held in trust by Nargis Yunis Malik for her and her brother. The court found insufficient evidence to support an intention to create such a trust.
Verbal Agreement: Anka alternatively claimed a verbal agreement to create a trust. This claim also failed due to lack of evidence of a meeting of minds or enforceable terms.
Residential Agreement Breaches: Anka sought damages for alleged breaches of a co-living contract. The court found all parties in breach but dismissed claims for damages due to shared responsibility.
Tort Claims: Claims for detinue and conversion concerning missing personal property were dismissed for lack of proof.
Outcome and Costs:
The court declared Nargis Yunis Malik and James Edward Opper as the sole legal and beneficial owners of the property. All claims for monetary relief by both parties were dismissed. Neither side received costs, with each bearing their own expenses. No financial awards were made in favor of any party.
Total Award:
$0
Court
Supreme Court of British ColumbiaCase Number
S246311Practice Area
Civil litigationAmount
Winner
Trial Start Date
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