Canada Case Law

Malik Law Corporation v. Lally

Court

Supreme Court of British Columbia

The registrar accepted much of the lawyer's work as reasonable but found billing format and specificity deficient, disallowed unproven photocopy/scan charges ($498.75), set a reasonable fee for services at $27,000, allowed other disbursements, credited prior payments of $14,000, declared an outstanding balance of $17,907.79, awarded contract interest at 12% per annum from July 25, 2024, and ordered each party bear their own costs of the review due to special circumstances.

Source excerpt

• Lawyer's bill review
• Retainer agreement
• Certificate of pending litigation (cpl)
• Disbursements
• Contract interest
• Costs of review

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MCAN Home Mortgage Corporation v. Broad

Court

Court of Appeal for Ontario

The Ontario Court of Appeal held that s. 103(6)(c) of the Courts of Justice Act can permit discharge of a CPL at a mortgagee’s request to allow a proper power of sale to close.

• Certificate of pending litigation (cpl)
• Power of sale
• Discretion under s.103(6)(c) courts of justice act
• Mortgages act s.35 evidence of good title
• Land titles act s.99 deletion of subsequent instruments
• Discharge of cpl at mortgagee's request

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1046056 B.C. Ltd. v. Liang

Court

Supreme Court of British Columbia

The CPLs registered against the Park Station strata units were properly registered under s.215(1)(b) because a Fraudulent Conveyance Act claim challenging share transactions effectuated through closely‑held corporate vehicles that were designed to divest corporate holdings of land is an action "in respect of land"; however, the NOCC's bare assertion of a direct beneficial interest by Liang in Park Station was insufficient in itself to support a CPL; the CPL relating to the West 53rd home was barely supported by the pleadings; applicants failed to show sufficient hardship or inconvenience unde…

Source excerpt

• Certificate of pending litigation (cpl)
• Section 215 land title act
• Fraudulent conveyance act
• Beneficial ownership vs shareholder rights
• Hardship and inconvenience (ss.256-257)

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EMG Homes Ltd. v. ALH Design Builders Ltd.

Court

Supreme Court of British Columbia

The court cancelled CPLs against two Delta properties because the original pleadings did not support a land interest, but dismissed the hardship-based cancellation request.

• Certificate of pending litigation (cpl)
• Constructive trust
• Tracing
• Land title act s.215
• Land title act ss.256-257
• Hardship and security for cpl cancellation

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Huang v. Lowe

Court

Supreme Court of British Columbia

The court dismissed an application to cancel a certificate of pending litigation, finding the pleadings sufficiently alleged a constructive trust and the hardship evidence was inadequate.

• Constructive trust
• Certificate of pending litigation (cpl)
• Tracing
• Pleadings sufficiency
• Hardship under s.256/s.257
• Constructive-trust

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

Court

British Columbia Court of Appeal

Appeal partly allowed in a construction dispute over a CPL: summary judgment remained unavailable, but the appellant received liberty to reapply to cancel the CPL on fresh materials.

• Specific performance
• Certificate of pending litigation (cpl)
• Section 73 land title act
• Summary judgment
• Hardship and inconvenience
• Contingent equitable interest

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Yin v. Hong

Court

Supreme Court of British Columbia

The court dismissed a bid for relief from forfeiture after a settlement default, holding the judgment clause was an acceleration clause and s. 24 LEA did not apply.

• Relief from forfeiture
• Acceleration clause
• Consent judgment
• Certificate of pending litigation (cpl)
• Execution and garnishment
• Unclean hands

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Charbonneau v. Charbonneau Estate

Court

Supreme Court of British Columbia

The court dismissed the amended notice of civil claim for want of prosecution after finding nearly five years of inordinate and inexcusable delay in serving and advancing the estate litigation.

• Want of prosecution
• Dismissal for delay
• Service of process
• Certificate of pending litigation (cpl)
• Unjust enrichment
• Wills variation

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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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Nunn v. Mosley

Court

Supreme Court of British Columbia

The court dismissed the defendant’s application to rescind a settlement agreement, finding no duress and no fundamental breach of the non-disparagement term.

• Settlement agreement
• Rescission
• Duress (economic)
• Non-disparagement clause
• Certificate of pending litigation (cpl)
• Enforcement of settlements

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