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Property law 2024 BCSC 2127

Metath Investment Co., Ltd. v. Zhu

Application to cancel a CPL dismissed under s. 252 of the Land Title Act; the court found the delay unexplained, but retained the CPL due to lack of actual prejudice and a reasonable prospect of success on an express trust claim.

  • Certificate of pending litigation
  • S.252 land title act
  • Express trust
  • Constructive trust
  • Delay in prosecution
  • Prejudice
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Property law 2023 BCSC 210

Cooney v. Purely Canadian Log Homes Ltd.

The court cancelled a certificate of pending litigation under s. 252 of the Land Title Act after no step had been taken for years, finding prejudice to the defendant.

  • Certificate of pending litigation
  • S.252 land title act
  • Constructive trust
  • Unjust enrichment
  • Specific performance
  • Prejudice from delay
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Property law 2022 BCCA 92

GMC Properties Inc. v. Rampart Estates Ltd.

Stay granted pending appeal from an order cancelling a certificate of pending litigation, with expedited appeal directions and conditions.

  • Certificate of pending litigation
  • S.252 land title act
  • S.215 land title act
  • Conditional purchase agreement
  • Equitable interest
  • Specific performance
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Property law 2021 BCSC 2401

Lang v. Lang

The court cancelled a certificate of pending litigation over a Victoria property, finding no satisfactory delay explanation and no reasonable prospect of a proprietary land claim.

  • Certificate of pending litigation
  • Resulting trust
  • Undue influence
  • Capacity
  • Probate
  • S.252 land title act
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Property law 2021 BCSC 1279

Ningbo Zhelun Overseas Immigration Service Co. Ltd. v. USA-Canada International Investments Inc.

The court granted Ms. Chang’s application to cancel a certificate of pending litigation, finding no formal step had been taken for over a year and the delay was unexplained.

  • Certificate of pending litigation
  • S.252 land title act
  • Meaning of "step" under supreme court civil rules
  • Delay and inaction
  • Costs
  • Certificate-of-pending-litigation
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Family law 2020 BCSC 1638

LeBarr v. Pearl

The court cancelled a certificate of pending litigation on terms after finding delay, presumed and actual prejudice, and an agreed method to value the claimant’s home interest.

  • Certificate of pending litigation
  • S.252 land title act
  • Division of family property
  • Dormant litigation and delay
  • Costs
  • Certificate-of-pending-litigation
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Property law 2015 BCSC 1785

Takhar v. Padda

The court dismissed an application to cancel a certificate of pending litigation, finding steps had been taken in the action and, alternatively, no basis to exercise discretion to cancel it.

  • Certificate of pending litigation
  • S.252 land title act
  • Delay and steps in proceedings
  • Examinations for discovery
  • Prejudice and judicial discretion
  • Certificate-of-pending-litigation
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Land title 2006 BCSC 1594

Vandokkumberg v. Meyer

Maddam Justice Loo refused to cancel a CPL against land in Sandra Gammon’s name and allowed most pleadings amendments, but not the addition of Ted Meyer personally.

  • Certificate of pending litigation
  • Garnishment
  • Amendment of statement of claim
  • S.215 land title act
  • S.252 land title act
  • S.86(9) court order enforcement act
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