1063418 B.C. Ltd. v. 1062111 B.C. Ltd.

1063418 B.C. Ltd. v. 1062111 B.C. Ltd.

Applicants demonstrated significant hardship; plaintiff failed to show a binding assignment because written acceptance and notification required by the assignment were not received by the stated deadline (no reliable evidence of delivery by noon Feb 4); plaintiff's claim for specific performance had little chance of success and damages are an adequate remedy; consequently the CPL was cancelled on the applicants' undertaking to pay such damages as the court may order and no security was required.

Citation
2016 BCSC 741
Parties
Plaintiff; Defendant by Counterclaim: 1063418 B.C. Ltd.; Defendant; Applicant: 1062111 B.C. Ltd.; Defendant; Applicant: Raav Homes Ltd.; Defendant; Executor of Estate: Royal Trust Corporation of Canada (Executor of the Will of Irene Alberta Bodner, Deceased); Defendant by Counterclaim: A&G Investment Inc.; Interested Party; Subsequent Assignee: GG Metro Developments Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 April 2016
Procedural Posture
Civil Application to Cancel Certificate of Pending Litigation (property/contract) / Interlocutory Application (s.256 257 Lta)
Outcome
Certificate of Pending Litigation BB307708 cancelled in whole against title to the two Surrey lots upon applicants providing written undertaking to pay such damages as the court may order; no security required; applicants awarded costs of the application.
Legal Topics
Certificate of Pending Litigation, Specific Performance, Assignment of Contract, Purchaser's Lien, Security for Damages, Offer and Acceptance, Standing to Apply
Source Language
English
Property Law Contract Law Equity Real Estate Finance Procedural Law (interlocutory) Certificate of Pending Litigation Specific Performance Assignment of Contract +4 more

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Parties

1063418 B.C. Ltd.

Plaintiff; Defendant by Counterclaim

1062111 B.C. Ltd.

Defendant; Applicant

Raav Homes Ltd.

Defendant; Applicant

Royal Trust Corporation of Canada (Executor of the Will of Irene Alberta Bodner, Deceased)

Defendant; Executor of Estate

A&G Investment Inc.

Defendant by Counterclaim

GG Metro Developments Ltd.

Interested Party; Subsequent Assignee

Procedural Posture

Civil Application to Cancel Certificate of Pending Litigation (property/contract) / Interlocutory Application (s.256 257 Lta)

Legal Issues

  1. 1 Whether applicants demonstrated hardship and inconvenience from the CPL
  2. 2 Whether plaintiff's claim for specific performance had any real prospect of success (existence of binding assignment)
  3. 3 Whether damages were an adequate remedy and specific performance unnecessary

Ratio Decidendi

Applicants demonstrated significant hardship; plaintiff failed to show a binding assignment because written acceptance and notification required by the assignment were not received by the stated deadline (no reliable evidence of delivery by noon Feb 4); plaintiff's claim for specific performance had little chance of success and damages are an adequate remedy; consequently the CPL was cancelled on the applicants' undertaking to pay such damages as the court may order and no security was required.

Court Disposition

Certificate of Pending Litigation BB307708 cancelled in whole against title to the two Surrey lots upon applicants providing written undertaking to pay such damages as the court may order; no security required; applicants awarded costs of the application.

Orders

  • The Certificate of Pending Litigation filed as registration number BB307708 registered against the properties at 6248 150th Street (PID 002-135-221) and 6262 150th Street (PID 002-135-302) be cancelled in whole on both applicants providing the plaintiff or its counsel with a written undertaking to pay such damages...
  • The applicants are not required to post security for their undertaking to pay damages.