Canada Case Law

Schaufelberger v. Cannon

Court

Supreme Court of British Columbia

The claimant's application to set aside the 2009 Family Law Agreement was time‑barred under s.198(3) FLA and, on the merits, the agreement was not set aside because negotiation was not procedurally unfair and the agreement is not significantly unfair under s.93(5). The Family Law Agreement therefore governs; however, the court recognized implied partnership obligations and awarded the claimant compensation for post‑separation sweat equity and management, ordered specific reimbursements for a non‑partnership LOC withdrawal and for the claimant's cash infusion, allocated responsibility for the…

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• Setting aside family agreement (s.93 fla)
• Indefeasible title and rebuttal
• Limitation and discoverability
• Partition and sale of property
• Compensation for management / sweat equity
• Accounting

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Fox Island Development Ltd. v. Kensington Union Bay Properties Nominee Ltd.

Court

Supreme Court of British Columbia

Bygenteel failed to prove both elements required by s.29(2) LTA: (1) notice to Fox Island of Bygenteel's unregistered interests prior to registration of the Mortgage; and (2) participation by Fox Island in equitable fraud. Consequently Fox Island's registered mortgage is valid and enforceable in first priority over the P5 Parking Stalls and the Parking Stalls Net Proceeds.

Source excerpt

• Priority of security
• Notice
• Equitable fraud under s.29(2) lta
• Unregistered interests
• Mortgage priority
• Costs

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GC Capital Inc. v. Westfield Business Centre Ltd.

Court

Supreme Court of British Columbia

En una apelación sobre la negativa de registrar un caveat, la Corte ordenó rehacer el recurso desde cero tras constatar defectos de servicio y de procedimiento.

• Caveat
• Appeal from land titles registrar
• Service of process
• Registration of instruments
• Order approving sale
• Remedies to cancel registered title

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Kiss v. Leung

Court

Supreme Court of British Columbia

The court dismissed a family property claim, finding no two-year marriage-like relationship, no entitlement to property division, and no change to dog possession.

• Marriage-like relationship
• Cohabitation
• Division of family property
• Certificate of pending litigation
• Companion animal ownership
• Credibility assessment

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Brah v. Brah

Court

Supreme Court of British Columbia

The court cancelled certificates of pending litigation over two family properties, ordered the plaintiffs to vacate Applewood Drive, and denied most of their injunction request.

• Certificate of pending litigation
• Resulting trust
• Constructive/remedial trust
• Unjust enrichment
• Injunction
• Writ of possession

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Zhejiang Asset Management Limited v. Li

Court

Supreme Court of British Columbia

The court discharged a CPL against Vancouver property, finding the applicant proved hardship and that the plaintiff’s fraudulent conveyance claim was too weak to justify keeping it on title.

• Certificate of pending litigation
• Security for discharge
• Recognition and enforcement of foreign judgment
• Burden of proof
• Hardship and inconvenience
• Probability of success/plain and obvious test

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Cooney v. Purely Canadian Log Homes Ltd.

Court

Supreme Court of British Columbia

The court cancelled a certificate of pending litigation under s. 252 of the Land Title Act after no step had been taken for years, finding prejudice to the defendant.

• Certificate of pending litigation
• S.252 land title act
• Constructive trust
• Unjust enrichment
• Specific performance
• Prejudice from delay

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Gill v. Gill

Court

Supreme Court of British Columbia

Application under the Land Title Act to release trust funds held after a CPL was removed. The court ordered release on an undertaking as to damages and awarded special costs.

• Certificate of pending litigation
• Cancellation of cpl
• Security for damages
• Undertaking as to damages
• Capital gains tax
• Financial disclosure

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The Owners, Strata Plan NW 2301 v. The Owners, Strata Plan NW 2364

Court

Supreme Court of British Columbia

The court held that a successor strata corporation could not enforce a positive s. 219 covenant, but the parties had formed a binding post-incorporation contract on the same terms.

• S.219 covenant
• Post-incorporation contract
• Privity
• Termination on reasonable notice
• Remedies and costs
• S-219-covenant

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Gill v. Pannu

Court

Supreme Court of British Columbia

The court cancelled CPLs against two properties, finding the pleadings did not disclose a proprietary claim and, alternatively, that the CPLs caused hardship.

• Certificate of pending litigation
• Constructive trust
• Resulting trust
• Unjust enrichment
• Tracing
• Security for cpl

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