Jacobs et al. v. Yehia et al., 2015 BCSC 267

JurisdictionBritish Columbia
JudgeDickson, J.
Citation2015 BCSC 267,[2015] B.C.T.C. Uned. 267 (SC),[2015] B.C.T.C. Uned. 267
CourtSupreme Court of British Columbia (Canada)
Subject MatterRESTITUTION,REAL PROPERTY,PRACTICE,EQUITY,TRUSTS
Date24 February 2015
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17 practice notes
  • 1119727 B.C. Ltd. v. Bold and Cypress (Grange) GP, 2020 BCSC 1435
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 25, 2020
    ...a registration of a certificate of pending litigation. Madam Justice Dickson (as she then was) said as follows in Jacobs v. Yehia, 2015 BCSC 267: [24] "An estate or interest in land" may include both legal and equitable interests. The test is not to be narrowly defined, but the mere fact th......
  • Tiwana v. Rai, 2018 BCSC 1893
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 1, 2018
    ...25. [30] In Wang at para. 26, Mr. Justice Steeves adopted the reasoning of Madam Justice Dickson (as she then was) in Jacobs v. Yehia, 2015 BCSC 267 at paras. 24-25, quoting as [24] "An estate or interest in land" may include both legal and equitable interests. The test is not to be narrowl......
  • Bidwell v. McGregor,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 21, 2022
    ...a registration of a certificate of pending litigation. Madam Justice Dickson (as she then was) said as follows in Jacobs v. Yehia, 2015 BCSC 267: [24] “An estate or interest in land” may include both legal and equitable interests. The test is not to be narrowly defined, but th......
  • NextGen Energy Watervliet TWP, LLC v. Bremner, 2017 BCSC 2096
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 20, 2017
    ...In addition to the above provisions, a CPL can be removed on the basis of having been improperly applied or filed: see Jacobs v. Yehia, 2015 BCSC 267 [Jacobs]; Seville Properties Ltd. v. Coutre, 2005 BCSC 1105 at para. 8. To support a CPL, the plaintiff must have a claim to an interest in t......
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15 cases
  • 1119727 B.C. Ltd. v. Bold and Cypress (Grange) GP, 2020 BCSC 1435
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 25, 2020
    ...a registration of a certificate of pending litigation. Madam Justice Dickson (as she then was) said as follows in Jacobs v. Yehia, 2015 BCSC 267: [24] "An estate or interest in land" may include both legal and equitable interests. The test is not to be narrowly defined, but the mere fact th......
  • Tiwana v. Rai, 2018 BCSC 1893
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 1, 2018
    ...25. [30] In Wang at para. 26, Mr. Justice Steeves adopted the reasoning of Madam Justice Dickson (as she then was) in Jacobs v. Yehia, 2015 BCSC 267 at paras. 24-25, quoting as [24] "An estate or interest in land" may include both legal and equitable interests. The test is not to be narrowl......
  • Bidwell v. McGregor,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 21, 2022
    ...a registration of a certificate of pending litigation. Madam Justice Dickson (as she then was) said as follows in Jacobs v. Yehia, 2015 BCSC 267: [24] “An estate or interest in land” may include both legal and equitable interests. The test is not to be narrowly defined, but th......
  • NextGen Energy Watervliet TWP, LLC v. Bremner, 2017 BCSC 2096
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 20, 2017
    ...In addition to the above provisions, a CPL can be removed on the basis of having been improperly applied or filed: see Jacobs v. Yehia, 2015 BCSC 267 [Jacobs]; Seville Properties Ltd. v. Coutre, 2005 BCSC 1105 at para. 8. To support a CPL, the plaintiff must have a claim to an interest in t......
  • Request a trial to view additional results
2 firm's commentaries
  • Case Comment: RodRozen Designs Inc. v. 0977198 B.C. Ltd., 2016 BCSC 834
    • Canada
    • Mondaq Canada
    • June 9, 2016
    ...against the land in the same manner as a charge is registered. Justice Bowden quoted from the recent decision of Jacobs v. Yehia, 2015 BCSC 267 where it was stated that "the mere fact that a claim relates to land does not convert it into a claim for a proprietary interest" in the land for t......
  • Dispute Over Purchase Of Canadian Art Results In Unjust Enrichment Claim
    • Canada
    • Mondaq Canada
    • June 14, 2022
    ...to the property: HarbourEdge Mortgage Investment Corporation v. Community Trust Company, 2016 ONSC 448, at para. 50; and Jacobs v. Yehia, 2015 BCSC 267, at para. In addition, a monetary award may be insufficient when there is good reason to doubt that it would be voluntarily paid. Here, the......

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