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REGISTRATION OF DOCUMENTS - Lis pendens or certificate of pending litigation - When available

Tuesday, December 10, 2019 @ 8:04 AM  

Lexis Advance® Quicklaw®
Appeal by the plaintiff from a decision cancelling the certificate of pending litigation on the basis that the claim described did not allege an interest in an existing piece of land capable of legal identification or registration in the land title system. The appellant sued for specific performance of an agreement of purchase and sale of custom office space within an unsubdivided property. The judge determined there was no basis for concluding that the appellant, if successful at trial, would have a registerable interest in land.

HELD: Appeal dismissed. The judge did not err in finding the appellant’s pleadings did not disclose a claim for an estate or interest in land within the meaning of s. 215(1) of the Land Title Act. The claim on its face was for a portion of an unsubdivided lot which was prohibited by s. 73(6) of the Land Title Act. A mere intention to subdivide the land in the future was legally irrelevant. Given s. 73 of the Land Title Act as discussed in Top Line, the appellant’s claim as pleaded was for an immediate interest in a portion of an unsubdivided lot. It was a claim for an interest in land unknown to law. It was not clear the respondent had an obligation under the contract to create a unique title for the interest claimed and it would be inappropriate to imply such a term into the contract.

Yi Teng Investment Inc. v. Keltic (Brighouse) Development Ltd., [2019] B.C.J. No. 1977, British Columbia Court of Appeal, M.E. Saunders, A.W. MacKenzie and P.M. Willcock JJ.A., October 22, 2019. Digest No. TLD-December92019006