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Petition to modify a registered easement under s. 35 of the Property Law Act dismissed; the court found the easement was not obsolete, still provided practical benefit, and no agreement to modify it was proven.
The Court held the mortgage bore 18% interest from January 1, 2020, corrected the order nisi’s accounting error, dismissed Wing Wah’s petition, and allowed a further summary accounting in the alternative.
The court found proprietary estoppel established over a shared waterfront dock and granted a trust declaration, easement, and accounting orders.
The Court of Appeal held that accreted land vested in the riparian owner at common law and that the Land Title Act did not displace that rule. Appeal dismissed.
The application for an Order for Directions was dismissed because the statement of claim failed to describe certain parcels with sufficient particularity (paragraph 5(f) vague), the abstract was not properly certified as required by s.6(1) and omitted necessary chain‑of‑title documents and contained unsupported assertions, and the plans filed did not satisfy the Registry Act requirements; collectively the materials failed to meet statutory prerequisites for a Certificate of Title under the Quieting Titles Act.
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The motions judge’s factual findings were upheld: the evidence did not establish a public highway either prior to 1854 or as created by By-law 11 due to lack of certainty as to boundaries and absence of acts constituting dedication and acceptance; the unregistered 1854 by-law was unenforceable against subsequent registered interests in the absence of actual notice; By-law 80 was procedurally defective; given the documentary and historical record summary judgment was appropriate and laches/acquiescence supported dismissal.
Source excerpt
The Court of Appeal upheld discharge of a title restriction and held the appellant had not validly exercised an option to purchase or shown futility excusing tender.
The court ordered ejectment, discharged a wrongful CPL, and awarded occupational rent plus aggravated and punitive damages against the defendant.
A BC Supreme Court property dispute from a common-law relationship. The court upheld registered title but adjusted the sale proceeds to reflect each party’s contributions.
The court held that the defendant’s registered one-third interest in the Queen Street Property was not held in trust, and ordered partition and sale with accounting for contributions.
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