Background: The case involves a dispute between the Li Estate (Trustee) as Plaintiff and Clinton Li and Danny Ting Chung Ma as Defendants, regarding a property in Vancouver.

Plaintiff’s Claim: The Trustee alleged that profits from a property sale were used by Ms. Li and Mr. Ma to purchase another property, which was later transferred to Mr. Li. The Trustee claimed a resulting trust against Mr. Li for half interest in this property.

Defendants' Position: The Defendants applied for cancellation of a certificate of pending litigation (CPL) against their property, arguing it hindered planned development. They proposed an undertaking for damages as sufficient security.

Court's Decision:

• The Court found the Plaintiff’s claim against Mr. Li for a resulting trust in the property likely to succeed.
• An undertaking was deemed insufficient for security.
• The Court ordered cancellation of the CPL upon posting security in the amount of $857,831.72, half of the sale proceeds of the initial property.

Costs:

• The Plaintiff was successful on the issue before the Court.
• The Court awarded costs in the cause to the Plaintiff.

Conclusion: The Court emphasized the strength of the Plaintiff’s claim and the insufficiency of an undertaking as security, requiring a substantial amount to be posted for cancellation of the CPL and awarding costs to the Plaintiff.