Background: 1046537 B.C. Ltd. sold a property, including the Rodmay Heritage Hotel, to 1277224 B.C. Ltd. on December 25, 2020. Disputes arose regarding the terms of the sale, payment, and contractual obligations, complicated by multiple agreements in both English and Chinese.

Legal Arguments/Issues: The plaintiff, 1046537 B.C. Ltd., claimed the defendants, 1277224 B.C. Ltd., Yan Zhou, and Jie Zhou, failed to pay $194,000 of the purchase price. The defendants argued the plaintiff misrepresented the readiness and condition of the property and did not fulfill certain promises regarding equipment and licenses. The plaintiff sought a Certificate of Pending Litigation (CPL) on the property, which the defendants sought to cancel under section 215(1)(a) of the Land Title Act, asserting the claim did not disclose an interest in the land.

Held: The court considered the Notice of Civil Claim (NOCC) and found it did not establish an interest in land, as it was a financial claim rather than a property claim. The Amended Notice of Civil Claim (ANOCC) was also found insufficient to establish a constructive trust or other interest in the land due to lack of necessary pleadings. The court granted the defendants' application to cancel the CPL, giving the plaintiff 60 days to amend their pleadings.

Costs: The court awarded costs to the defendants, 1277224 B.C. Ltd., at Scale B, payable within 90 days of taxation or agreement between the parties. Financial terms were not specified.