The plaintiff had filed a claim against the defendant for a debt of $646,902 and a declaration of beneficial interest in certain lands. The defendant had sought to cancel the certificate of pending litigation, dismiss the plaintiff's action for lack of prosecution, and obtain funds held in a trust account. The dispute had centered around a loan agreement and the sale of a property. The defendant had denied the existence of the loan agreement and had claimed that the plaintiff owed her money. The application had concerned the plaintiff's delay in prosecuting the claim. No trial date had been set, and both parties had presented their arguments on the dismissal of the action.
The application to dismiss the action for want of prosecution had been dismissed. The remaining funds in Kojo Frempong Law Office's trust account were to be determined through litigation. The funds were not to be paid to the defendant. An order had been made to cancel certificate of pending litigation No. BB3004428 for the property described as PID: 016-253-311, Lot 35 Section 13 Township 39 New Westminster District Plan 86154. The plaintiff had been entitled to costs as costs in the cause under Rule 14-1.