In what circumstances will a party be liable for any damages that may arise under the terms for refusing to order cancellation of registration of the lis pendens?
British Columbia, Canada
The following excerpt is from First Can. Land Corp. Ltd. v. Rosinante Holdings Ltd., 1985 CanLII 431 (BC CA):
In Marshall v. Heidi Hutcheon J.A. also discusses the separate statutory claim for damages that may arise under ss. 235 and 236 of the Land Title Act where the court orders a party, as part of the terms for refusing to order cancellation of the registration of the lis pendens, to give an undertaking to abide by any order that the court may make as to damages. In those circumstances the liability for damages would arise, of course, from the giving of the undertaking. The court may properly require such an undertaking without, of course, any demonstration of malice or the other ingredients which would underlie a cause of action for abuse of process.
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