Lewis v Ball-Prevedello, 2026 BCSC 1809 (CanLII)

Procedure — Certificates of pending litigation — Cancellation — Land Title Act, ss. 256–257 — Whether “hardship and inconvenience” was proven and causally connected to the CPL — Financing evidence that the CPL acts as a “brick wall” — Likely inability to secure a second mortgage and risk under a pre-sale agreement — CPL cancelledProcedure — Security on cancellation — Undertakings — Land Title Act, s. 257 — Whether security was “proper” and whether damages provide adequate relief — Court considered strength or weakness of the land interest claim and adequacy of damages — Signed undertaking to pay proven damages ordered — CPL not to be re-filed while undertaking remains — Undertaking orderedTrusts — Unjust enrichment — Remedial constructive trust — Whether the asserted claim to an interest in land appeared weak on the evidence heard to date — Kerr v. Baranow and Peter v. Beblow principles noted, including quantum meruit distinction — Damages considered an adequate remedy — Undertaking accepted as adequate alternate security — Claim considered weak for this application