Lal v. Appia Developments (2001) Limited

Lal v. Appia Developments (2001) Limited

The defendant failed to prove the requisite hardship and inconvenience under s.256 and did not demonstrate it was plain and obvious that the plaintiffs' claim for specific performance would fail; accordingly the application to discharge the CPL was dismissed and the CPL remained registered.

Citation
2016 BCSC 2439
Parties
Plaintiffs: Hari Shiv Shankar Lal and Purnima Lal; Defendant: Appia Developments (2001) Limited
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 October 2016
Procedural Posture
Application to Discharge Certificate of Pending Litigation Under S.256 Land Title Act / Oral Ruling in Chambers (application Hearing)
Outcome
Defendant's application dismissed; certificate of pending litigation not discharged
Legal Topics
Certificate of Pending Litigation, Specific Performance, Hardship and Inconvenience, Uniqueness, Carrying Costs
Source Language
English
Property Real Property Contract Equitable Remedies Land Title Act Certificate of Pending Litigation Specific Performance Hardship and Inconvenience +2 more

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Parties

Hari Shiv Shankar Lal and Purnima Lal

Plaintiffs

Appia Developments (2001) Limited

Defendant

Procedural Posture

Application to Discharge Certificate of Pending Litigation Under S.256 Land Title Act / Oral Ruling in Chambers (application Hearing)

Legal Issues

  1. 1 Whether the defendant has established hardship and inconvenience under s.256 of the Land Title Act such that the CPL should be discharged
  2. 2 Whether the defendant has shown it is plain and obvious that the plaintiffs' claim for specific performance will fail (i.e. damages are an adequate remedy)
  3. 3 Whether the subject property is unique to the plaintiffs and thus specific performance may be appropriate

Ratio Decidendi

The defendant failed to prove the requisite hardship and inconvenience under s.256 and did not demonstrate it was plain and obvious that the plaintiffs' claim for specific performance would fail; accordingly the application to discharge the CPL was dismissed and the CPL remained registered.

Court Disposition

Defendant's application dismissed; certificate of pending litigation not discharged

Orders

  • Application to discharge the certificate of pending litigation dismissed; CPL remains registered