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Civil procedure 2026 BCSC 777

Zheng v. Kao

Court
Supreme Court of British Columbia

The application was dismissed because the roughly three‑year pause could not be characterized as inordinate or inexcusable in the factual matrix where both sides had taken no steps, and the defendants offered some explanation (counsel error and medical issues) and had documentary evidence; dismissal would be unfair where the plaintiffs likewise failed to progress their claim and statutory remedies exist to remove liens/CPLs from title without dismissing the counterclaim.

Source excerpt

  • Dismissal for want of prosecution
  • Builders lien
  • Certificate of pending litigation
  • Delay
  • Costs
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Family law 2026 BCCA 200

Bhatti v. Parmar

Court
British Columbia Court of Appeal

The appeals were dismissed because the appellant failed to comply with the court-ordered extension to file the appeal record and transcripts, did not demonstrate a continuing bona fide intention to prosecute the appeals, caused ongoing prejudice to the respondent (including the stay of the divorce and restrictions on property), and identified no arguable errors justifying continued delay; dismissal under s.36(c) of the Court of Appeal Act was in the interests of justice.

Source excerpt

  • Dismissal for abandonment
  • Extension of time
  • Prejudice by delay
  • Davies criteria
  • Stay of divorce pending appeal
  • Certificate of pending litigation
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Civil litigation 2026 BCSC 725

Bilin v. Sidhu

Court
Supreme Court of British Columbia

Applying Rule 14-1(3) and related authority, the registrar concluded that defendant Hardip's repeated disclosure failures, lack of candour and fabricated/reconstructed evidence unjustifiably lengthened the litigation and warranted special costs. The registrar allowed special costs for the action through assessment but applied a small reduction to the amount claimed to account for fees potentially attributable to appearances for which costs were not awarded or for appeals. The proper award after assessment was $260,000 inclusive of disbursements, taxes and assessment costs, and the registrar d…

Source excerpt

  • Promissory note
  • Resulting trust
  • Special costs
  • Disclosure and discovery
  • Certificate of pending litigation
  • Costs assessment
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Property law 2026 BCCA 168

RStyle Enterprises Ltd. v. 1308879 B.C. Ltd.

Court
British Columbia Court of Appeal

The appeal is allowed because a purchaser's lien is an equitable interest in land that can support a CPL and the ANOCC in this case pleads the material facts identified in 133 (CA) (valid contract, deposit paid to seller, contract went off through no fault of purchaser); therefore the chambers judge erred to cancel the CPL under s.215(1).

Source excerpt

  • Certificate of pending litigation
  • Purchaser's lien
  • Land title act s.215(1)
  • Specific performance
  • Deposit forfeiture
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Property law 2026 BCSC 784

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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Real property 2026 BCSC 499

Montaigne Group Ltd. v. St. Alcuin College for the Liberal Arts Society (Alcuin College)

Court
Supreme Court of British Columbia

The application to cancel the CPL was dismissed because Montaigne has a strong, non-frivolous contingent equitable claim to the Montaigne Amenity Space such that it is not manifestly clear the claim will fail and there is a triable issue whether damages would be adequate; Alcuin failed to demonstrate sufficient hardship causally attributable to the CPL to justify discretionary cancellation, and therefore the CPL remains on title.

Source excerpt

  • Certificate of pending litigation
  • Cancellation of lien
  • Specific performance
  • Adequacy of damages
  • Security for damages
  • Hardship and inconvenience
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Equity 2026 BCCA 161

Hong v. Yin

Court
British Columbia Court of Appeal

The settlement provision allowing immediate entry of judgment on default is an acceleration clause, not a forfeiture, and s.25 of the Law and Equity Act applies only to covenants in a mortgage of land or agreements for sale of land; because the settlement agreement did not create a legal or equitable mortgage or an agreement for sale and the CPL was not a pledge created by the agreement, relief from forfeiture under s.24/25 was unavailable; alternatively, even if available, the appellants failed to satisfy the discretionary criteria for relief.

Source excerpt

  • Relief from forfeiture
  • Acceleration clause
  • Equitable mortgage
  • Consent judgment
  • Certificate of pending litigation
  • Discretionary equitable relief
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Property law 2026 BCSC 529

Sagebrush Golf Course Holdings Ltd. v. Craig

Court
Supreme Court of British Columbia

The notice of civil claim does not, even assuming its allegations true, plead any interest in the Sagebrush Property or a sufficient nexus between the pleaded causes of action and that property; therefore the CPL was improperly registered and must be cancelled under s.215 LTA; costs to petitioners at Scale B and special costs declined.

Source excerpt

  • Certificate of pending litigation
  • Constructive trust
  • Unjust enrichment
  • Tracing
  • Costs
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Family law 2026 BCSC 300

Parvanta v. Gajoum

Court
Supreme Court of British Columbia

The court found contempt proven because the claimant knowingly sold the Nice Property in breach of the clear Consent Order; imposed a $2,500 fine payable to the respondent within 90 days and awarded special costs payable at conclusion; incarceration rejected; on want of prosecution the court found the delay not inordinate after accounting for COVID and other factors and declined to dismiss the family claim, ordering costs in the cause.

Source excerpt

  • Contempt of court
  • Consent order
  • Want of prosecution
  • Dismissal for delay
  • Sanctions and fines
  • Certificate of pending litigation
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Corporate and commercial law 2026 BCSC 304

Esegbona v. Ortega

Court
Supreme Court of British Columbia

The court held that while some oppression-related allegations in the notice of civil claim are not plainly bound to fail in a closely held company context, numerous pleaded claims were defective and/or pleaded as wrongs to Crispar or Twin Rivers and therefore could not be personal claims by the plaintiffs; fiduciary duty claims to the plaintiffs were struck as plain and obvious failures; claims seeking a constructive trust and CPLs over the Ortegas' properties were struck as incapable of supporting an interest in land and the five CPLs were discharged under s.215 LTA; plaintiffs ordered to fi…

Source excerpt

  • Shareholder oppression
  • Derivative action
  • Constructive trust
  • Certificate of pending litigation
  • Land title act s.215
  • Fiduciary duty
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.