EVO Properties Ltd. v. 637934 B.C. Ltd.,

EVO Properties Ltd. v. 637934 B.C. Ltd.,

Rule 18A determination is premature because documentary disclosure and examinations for discovery are incomplete and key facts (interpretation and satisfaction or waiver of clauses 4 and 5) cannot fairly be found on the record; there is a bona fide triable issue so the certificate of pending litigation will not be...

Source-derived case information.

Citation
2004 BCSC 1203
Parties
Plaintiff/purchaser: EVO Properties Ltd.; Defendant/registered Owner (amalgamated): 637934 B.C. Ltd.; Defendant/vendor (amalgamated): 552552 B.C. Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 September 2004
Procedural Posture
Specific Performance Action; Application Under Rules 18 a and 18; Land Title Act Certificate of Pending Litigation / Interlocutory Hearing on Summary Dismissal and Cancellation of Lis Pendens; Rule 18 a Application Adjourned Pending Full Document Production and Discoveries
Outcome
Rule 18A application adjourned pending full document production and discoveries; certificate of pending litigation not cancelled; plaintiff ordered to provide undertaking and post security totaling $900,000 inclusive of deposits; trial to be fixed for January 2004 (expedited); liberty for defendant to reapply under...
Legal Topics
Specific Performance, Certificate of Pending Litigation (lis Pendens), Undertaking for Damages, Security for Undertaking, Rule 18 a Summary Judgment, Condition Precedent, Waiver, Estoppel, Contract Formation
Source Language
english
Real Property Contract Law Equity Civil Procedure Land Title Act Specific Performance Certificate of Pending Litigation (lis Pendens) Undertaking for Damages +6 more

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Parties

EVO Properties Ltd.

Plaintiff/purchaser

637934 B.C. Ltd.

Defendant/registered Owner (amalgamated)

552552 B.C. Ltd.

Defendant/vendor (amalgamated)

Procedural Posture

Specific Performance Action; Application Under Rules 18 a and 18; Land Title Act Certificate of Pending Litigation / Interlocutory Hearing on Summary Dismissal and Cancellation of Lis Pendens; Rule 18 a Application Adjourned Pending Full Document Production and Discoveries

Legal Issues

  1. 1 Whether the nine‑page Offer to Purchase constituted a binding contract or remained conditional due to vendor's clause 5 and purchaser's clause 4
  2. 2 Whether clause 5 (vendor board approval) was waived or satisfied by the sole director's signature or is a continuing condition requiring extrinsic evidence
  3. 3 Whether the purchaser's conditional rights constituted an option requiring strict compliance or were subject to equitable relief upon repudiation

Ratio Decidendi

Rule 18A determination is premature because documentary disclosure and examinations for discovery are incomplete and key facts (interpretation and satisfaction or waiver of clauses 4 and 5) cannot fairly be found on the record; there is a bona fide triable issue so the certificate of pending litigation will not be cancelled at this stage but the plaintiff must give an undertaking and post security totalling $900,000 (including deposits) within 10 days; matter to proceed to trial on an expedited schedule.

Court Disposition

Rule 18A application adjourned pending full document production and discoveries; certificate of pending litigation not cancelled; plaintiff ordered to provide undertaking and post security totaling $900,000 inclusive of deposits; trial to be fixed for January 2004 (expedited); liberty for defendant to reapply under...

Orders

  • Rule 18A application adjourned until after full document production and examinations for discovery
  • Certificate of pending litigation is not cancelled at this time