Case Comment: RodRozen Designs Inc. v. 0977198 B.C. Ltd., 2016 BCSC 834

In the recent case of RodRozen Designs Inc. v. 0977198 B.C. Ltd., 2016 BCSC 834, Mr. Justice Bowden of the Supreme Court of British Columbia considered whether RodRozen Designs Inc. ("RodRozen") was entitled to register a Certificate of Pending Litigation ("CPL") against a parcel of land in West Vancouver, BC (the "Property").

The dispute arose out of a Memorandum of Understanding ("MOU") entered into between RodRozen and B.C. Ltd., whereby B.C. Ltd. agreed to purchase the Property and finance the construction of a house on the Property and RodRozen agreed to design and manage the construction. The Property would then be sold and any profits would be split equally between them. The MOU was set to expire on September 7, 2015.

The construction was completed on June 10, 2015 and the Property was listed the following month. However, no offers were received. The parties agreed to extend the MOU until the end of September 2015. The price was reduced but still no offers were received. The Property was delisted so that a new home warranty could be purchased, and the MOU expired.

RodRozen commenced an action seeking an order that the Property be sold and the profits split. RodRozen filed a CPL against the Property. B.C. Ltd. challenged RodRozen's right to file the CPL.

Justice Bowden reviewed s. 215(1) of the Land Title Act, R.S.B.C. 1996, c. 250 ("LTA") which reads:

215(1) A person who has commenced or is a party to a proceeding, and who is

(a) claiming an estate or interest in land, or

(b) given by another...