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The Supreme Court of British Columbia dismissed a summary trial application over ownership of property sale proceeds, finding the evidence insufficient and the dispute unsuitable for summary resolution.
The ANT's operative provisions (ss.2.1–2.3) and the Restated Shareholders Agreement unambiguously establish Kyrgyzaltyn as the registered and beneficial owner of the Centerra shares; the appellants failed on the balance of probabilities to show any transfer of rights to the Kyrgyz Republic or that Kyrgyzaltyn held the shares on express or resulting trust for the Republic; the applications judge's interpretation and factual findings were reasonable and entitled to deference, so the appeals are dismissed.
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The appellant failed to discharge the evidentiary onus to prove that the US‑based accounts and the interest earned were beneficially owned by 158961 Canada Inc.; documentary evidence was absent or inconsistent and corporate returns contradicted the appellant's position, therefore the reassessment attributing CAN$15,207 of interest to the appellant was upheld.
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