Peat v. Raven

Peat v. Raven

Although the plaintiff's delay was inordinate and inexcusable and his claim to an interest in the land appeared weak, dismissal for want of prosecution was refused because the forfeiture proceedings provided a legitimate reason for the plaintiff's delay and dismissal would unjustly deprive him of merits adjudication; however, exercising discretion under s.252 of the Land Title Act, the court ordered release of the funds held in trust to the defendant because of prolonged dormancy, prejudice, hardship to defendant and weak merits of the plaintiff's claim.

Citation
2014 BCSC 1756
Parties
Plaintiff/respondent: Stephen Boyd Peat; Defendant/applicant: Christopher Frank Raven
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 September 2014
Procedural Posture
Civil Property/contract Dispute / Application to Dismiss for Want of Prosecution; Alternative Application for Release of Funds Under the Land Title Act
Outcome
Application to dismiss for want of prosecution dismissed; application to release funds under s.252 of the Land Title Act granted; funds held in trust ordered paid to defendant; costs awarded to defendant in the cause.
Legal Topics
Certificate of Pending Litigation, Dismissal for Want of Prosecution, Equitable Mortgage, Release of Funds Under Land Title Act S.252, Prejudice From CPL, Effect of Forfeiture Proceedings
Source Language
English
Property Law Civil Procedure Forfeiture Law Land Title Law Certificate of Pending Litigation Dismissal for Want of Prosecution Equitable Mortgage Release of Funds Under Land Title Act S.252 +2 more

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Parties

Stephen Boyd Peat

Plaintiff/respondent

Christopher Frank Raven

Defendant/applicant

Procedural Posture

Civil Property/contract Dispute / Application to Dismiss for Want of Prosecution; Alternative Application for Release of Funds Under the Land Title Act

Legal Issues

  1. 1 Whether the plaintiff's delay was inordinate and inexcusable
  2. 2 Whether the defendant is seriously prejudiced by the delay
  3. 3 Whether the action should be dismissed for want of prosecution

Ratio Decidendi

Although the plaintiff's delay was inordinate and inexcusable and his claim to an interest in the land appeared weak, dismissal for want of prosecution was refused because the forfeiture proceedings provided a legitimate reason for the plaintiff's delay and dismissal would unjustly deprive him of merits adjudication; however, exercising discretion under s.252 of the Land Title Act, the court ordered release of the funds held in trust to the defendant because of prolonged dormancy, prejudice, hardship to defendant and weak merits of the plaintiff's claim.

Court Disposition

Application to dismiss for want of prosecution dismissed; application to release funds under s.252 of the Land Title Act granted; funds held in trust ordered paid to defendant; costs awarded to defendant in the cause.

Orders

  • Defendant's application to dismiss for want of prosecution is dismissed
  • Funds being held in trust by Mr. Donaldson Q.C. in accordance with the order of Beames J. are forthwith paid out to the defendant