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Property law 2022 BCSC 450

Hans v. Sood

The court dismissed a challenge to a certificate of pending litigation and related security order, holding the defendants' remedy was an appeal of the master's order.

  • Certificate of pending litigation (cpl)
  • Land title act s.215
  • Jurisdiction of master
  • Res judicata / issue estoppel
  • Security for removal of cpl
  • Certificate-of-pending-litigation
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Construction law 2020 BCSC 1224

4HD Construction Ltd. v. Dawson Wallace Construction Ltd.

La Cour suprême de la Colombie-Britannique confirme la radiation d’un privilège de construction et d’un CPL après dépôt d’un cautionnement, jugeant que l’art. 24 le permet implicitement.

  • Builders lien act s.24
  • Certificate of pending litigation
  • S.33 bla
  • Constructive trust
  • Unjust enrichment
  • Lien bond
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Land title 2019 BCSC 1294

Fritz v. 848 Yates Nominee Ltd.

Master Bouck ordered a CPL removed on condition of $50,000 security, finding hardship under the Land Title Act and noting a master lacked jurisdiction for the primary relief.

  • Certificate of pending litigation
  • Security for cancellation
  • Easement
  • Damages
  • Jurisdiction of master
  • Certificate-of-pending-litigation
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Civil 2016 BCSC 156

Tri City Capital Corp. v. 0847925 B.C. Ltd.

Foreclosure petition granted after the court found the mortgage modification did not end ongoing monthly payment obligations and the respondents were in default.

  • Foreclosure
  • Mortgage modification
  • Contract interpretation
  • Default and breach
  • Redemption period
  • Conduct of sale
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Property 2015 BCSC 1948

0815639 B.C. Ltd. v. Radford

The court dismissed an appeal from a Master’s distribution order in a foreclosure proceeding, finding no reversible error in valuing an assigned mortgage and allocating trust funds.

  • Priority of funds
  • Assignment of mortgage
  • Rectification
  • Standard of review
  • Summary disposition
  • Jurisdiction of master
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Property law 2013 BCSC 1093

Central Valley Mechanical Ltd. v. Putoto

The court dismissed a lawyer’s application for a solicitor’s lien over the Putotos’ property, finding the evidence did not show the firm recovered or preserved the property.

  • Solicitor's lien
  • Builders' lien
  • Foreclosure
  • Retainer dispute
  • Bill assessment/review
  • Jurisdiction of master
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Civil procedure 2012 BCSC 1358

Sasquatch v. Applied Bottling Ltd.

A Master held that an application to set aside registration of a California judgment would finally determine rights, so the matter had to be heard by a Judge.

  • Registration of foreign judgment
  • Jurisdiction of master
  • Final order
  • Adjournment to judge
  • Foreign-judgment-enforcement
  • Court-jurisdiction
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Probate 2011 BCSC 1449

Barnes Estate v. Barnes

Application in a probate dispute for DNA testing to resolve paternity was adjourned generally on terms, because comparative DNA from the deceased was not yet shown to be available.

  • Paternity testing
  • Dna evidence
  • Will interpretation
  • Rule 7-6(1) sccr
  • Jurisdiction of master
  • Probate
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Civil procedure 2008 BCSC 1859

Sahyoun v. Broadfoot

The court adjourned a Rule 19(24) strike application, suspended related procedural steps, and ordered costs after finding an adjournment was needed for fairness.

  • Strike pleadings
  • Adjournment for medical disability
  • Jurisdiction of master
  • Suspension of discovery
  • Costs order
  • Civil-procedure
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Property 2007 BCCA 518

Guy v. Kent

The Court of Appeal dismissed an appeal seeking to revive a debt paragraph in a foreclosure order after the mortgage basis had been set aside.

  • Foreclosure
  • Validity of mortgage
  • Jurisdiction of master
  • Enforcement of debt
  • Fresh evidence application
  • Costs
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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.