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Application to cancel a CPL dismissed under s. 252 of the Land Title Act; the court found the delay unexplained, but retained the CPL due to lack of actual prejudice and a reasonable prospect of success on an express trust claim.
The court refused to cancel CPLs over development lands, found hardship shown, and ordered the plaintiffs to give an undertaking plus $5 million security.
La Cour dâappel a conclu quâun certificat de litispendance ne peut pas atteindre un titre dĂ©jĂ transfĂ©rĂ© par une ordonnance de dĂ©volution antĂ©rieure; lâappel principal Ă©tait donc sans objet, sauf en partie sur les dĂ©pens.
The court held that a certificate of pending litigation filed by Tostenson ranked ahead of Ryanâs later re-registered mortgage, and dismissed Ryanâs priority application.
The court cancelled a certificate of pending litigation over a blueberry farm, finding the defendants faced hardship and the plaintiffâs specific performance claim was plainly unsustainable.
The British Columbia Court of Appeal held that an earlier enduring power of attorney was not revoked by a later one and upheld the severance of a joint tenancy.
The court cancelled a Certificate of Pending Litigation and refused a requested interim injunction because the plaintiff had no proprietary claim to the land and no sufficient risk of dissipation was shown.
The court held that forged discharges did not defeat VanCityâs prior mortgages. Because the later lenders did not rely on the register, rectification was ordered subject to further issues.
The court held that a registered judgment attached the vendorâs equitable interest under an existing contract of sale, so the purchaserâs title was subject to that attachment.
The Court of Appeal upheld the first mortgageeâs priority, holding that the mortgage registration complied with the Land Title Act despite âWBDâ placeholders in Form B.
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