Overview:
The Supreme Court of British Columbia heard two consolidated actions where the plaintiffs, Lai Lin Lam, Faye Young Holding Ltd., Yuan Lian Holdings Ltd., Life Intelligence Ltd., Xiaoshan Ming, Kingston Jin Heng Huang, Tommy Mo, and TPNB Enterprise Ltd., sought to maintain Certificates of Pending Litigation (CPLs) on properties in New Westminster, BC. The defendants, WS Scott Station Development Limited Partnership, Brian Keith Regehr, 1095355 B.C. Ltd., WS Lower Twelfth Development Limited Partnership, WS Lower Twelfth GP Ltd., WS NW Phase 1 Nominee Ltd., Urban Village Limited Partnership, 0864917 B.C. Ltd., West Village Parcel 6 Holdings Ltd., West Village Parcel 7 Holdings Ltd., and West Village Parcel 8 Holdings Ltd., applied to cancel the CPLs.

Legal Issues:

• The plaintiffs alleged that funds from the sale of a Surrey development were improperly diverted, entitling them to a constructive trust over the properties.

• The court assessed whether their claims met the requirements of Section 215 of the Land Title Act (LTA) to justify the CPLs.

• The defendants argued that the plaintiffs lacked a direct proprietary interest and should have brought a derivative claim.

Court's Decision & Costs:
The court ruled that the plaintiffs’ pleadings failed to establish a valid claim to an interest in land. The CPLs were immediately cancelled. The defendants were awarded costs of the applications in the cause (specific amounts were not stated).