Laventure v. Ovelson
The court dismissed an application to set aside foreclosure-related transactions, finding no proved fraud or knowing deceit, and awarded special costs.
- Foreclosure
- Land title
- Fraud
- Equitable relief
- Costs
- Res judicata
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Meleski v. Woodcock
Summary trial on a fraudulent conveyance claim: the court held a son’s transfer of property to his parents was void against creditors and awarded punitive damages against him.
- Fraudulent conveyance
- Fraudulent conveyance act
- Badges of fraud
- Punitive damages
- Registration of judgments
- Land title
Bonavista Energy Corporation v. Fell
The Court held the Surface Rights Board erred in finding jurisdiction over the Fells’ claim, set aside the decision, and found the Wellsite remained subject to prior rights and reservations.
- Jurisdiction
- Surface rights
- Crown grant interpretation
- Statutory right of way
- Land title
- Judicial-review
Giesbrecht v. British Columbia
The court dismissed an application for further and better particulars in an Aboriginal title action, finding the defendants had pleaded enough material facts and that several requests sought legal argument or evidence.
- Aboriginal title
- Extinguishment
- Displacement
- Particulars
- Fee simple
- Land title
Lee v. Starinovich
Supreme Court of British Columbia judgment on unjust enrichment, resulting trust, child support, and spousal support arising from a long domestic relationship.
- Constructive trust
- Resulting trust
- Joint family venture
- Division of family assets
- Spousal support
- Child support
Vesuna v. British Columbia (Transportation)
The court dismissed a land access claim, finding the disputed road remained private and that the Crown was not negligent in approving the 1960 subdivision.
- Public highway designation
- Common law dedication
- Expenditure of public monies
- Negligent subdivision approval
- Easement
- Right of way
Millennium Southeast False Creek Properties Ltd. v. British Columbia
The court dismissed a petition seeking advance relief on property transfer tax. It held the statutory assessment and appeal process had to be followed and, in any event, buildings were included in land value.
- Property transfer tax
- Fair market value
- Fixtures
- Land title
- Statutory interpretation
- Declaratory relief
0706612 B.C. Ltd. v Calibur Facilities Management Ltd.
The court held that post-default negotiations showed the seller had effectively terminated the original land sale contract, so the purchaser’s caveat was discharged.
- Caveat
- Discharge of caveat
- Land title
- Time is of the essence
- Termination of contract
- Compensation for wrongful caveat
De Cotiis and Others v. De Cotiis et al
Court refused to re-file a certificate of pending litigation over numerous properties and denied a receiver, finding hardship, adequate damages, and weak merits.
- Certificate of pending litigation
- Constructive trust
- Appointment of receiver
- Security for damages
- Land title
- Certificate-of-pending-litigation
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