Canada Case Law

Boston Development Corp. v. Takhar

Court

Supreme Court of British Columbia

The NOCC, read as a whole and assumed true, does not plead any legal or beneficial interest in the Property as against the registered owner nor plead that funds were actually used to acquire the Property or that the registered owner engaged in any wrongful acquisition; because the preconditions of s.215 LTA are not met, the CPL registered against the Property must be cancelled and deficiencies cannot be cured by subsequent amendment on this application.

Source excerpt

• Certificate of pending litigation
• Constructive trust
• Pleading sufficiency
• Section 215 lta
• Cancellation of cpl
• Costs

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Chen v. Langley (Township)

Court

Supreme Court of British Columbia

The application is dismissed because the Expropriation Act bars disputing the expropriating authority's choice of expropriation method in compensation proceedings (s.4(2)) and any challenge to Council's decision required timely judicial review under s.51 and is now out of time; alternatively, the evidence shows the expropriation vested as a less-than-fee interest under s.23(3) and the Land Title Act does not authorize the court to direct the Registrar to correct title in the manner sought (s.383).

Source excerpt

• Statutory right-of-way
• Vesting of interests
• Judicial review time limits
• Registrar jurisdiction
• Interpretation of expropriation act s.4(2), s.23, s.51
• Land title act ss.107,115,383

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10163563 Manitoba Ltd. v. 1411541 B.C. Ltd.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia cancelled four CPLs, finding the notice of civil claim did not plead enough facts to show a proprietary interest in the land.

• Certificate of pending litigation
• Constructive trust
• Pleadings sufficiency
• Tracing
• Incorporation of documents by reference
• Hardship relief under lta ss.256-257

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Suniara v. Suniara

Court

Supreme Court of British Columbia

The court dismissed a 25-year-old family law proceeding for want of prosecution, finding the delay inordinate and inexcusable and that a fair trial was no longer possible.

• Dismissal for want of prosecution
• Delay and inexcusable delay
• Necessary party joinder
• Certificate of pending litigation (cpl)
• Ownership declaration
• Evidence loss and prejudice

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Martselos v. Kyllo

Court

Supreme Court of British Columbia

The court held the respondent’s property division claim was out of time under the Family Law Act, cancelled the land charge, and dismissed the family claim.

• Limitation period
• Summary trial
• Land (spouse protection) act charge
• Cancellation of land title charge
• Inherent jurisdiction
• Covid-19 limitation suspension

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Eftekhari v. Eftekhari

Court

Supreme Court of British Columbia

The court removed the named executor and alternate executor for conflict and animus, appointed Heritage Trust, refused CPL cancellation, and denied an interim distribution.

• Removal of executor
• Conflict of interest and self‑dealing
• Undue influence
• Certificates of pending litigation (cpl)
• Interim distribution under wesa s.155
• Wills variation (s.60 wesa)

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Innogene Technologies Corp v. Woodbine Enterprises Ltd., Inc. No. 429381

Court

Supreme Court of British Columbia

The court cancelled a certificate of pending litigation over leased property, finding the registered CPL would cause hardship in a pending sale and that an undertaking to pay damages was adequate.

• Certificate of pending litigation
• Land title act ss.256-257
• Short leave
• Undertaking as to damages
• Sale of land
• Lease renewal

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Wang v. Li

Court

Supreme Court of British Columbia

The court refused to dismiss a long-dormant family law claim for want of prosecution, cancelled the Baillie Property CPL, kept the other CPLs in place, and ordered a case planning conference.

• Dismissal for want of prosecution
• Certificate of pending litigation
• Delay and excuse
• Case management/case planning
• Dismissal-for-want-of-prosecution
• Certificate-of-pending-litigation

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Ghag Estate v. Ghag

Court

British Columbia Court of Appeal

British Columbia Court of Appeal upheld refusal to dismiss for want of prosecution, but cancelled CPLs after finding the CPL test was misapplied.

• Want of prosecution
• Certificate of pending litigation (cpl)
• Land title act s.252(1)
• Delay/excusable delay
• Dismissal for want of prosecution
• Prejudice to registered owner

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Barbieri Estate v. White

Court

Supreme Court of British Columbia

Application under s. 256 of the Land Title Act to cancel a CPL was allowed in part. The court found hardship and inconvenience and imposed conditions preserving the estate’s claimed interest.

• Certificate of pending litigation
• Cancellation of cpl
• Hardship and inconvenience
• Security and undertakings
• Executor removal and probate accounting
• Certificate-of-pending-litigation

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