In 1061403 B.C. Ltd. v. Canada Willingdon Holdings Ltd., Owen James succeeded for the defendant in having an application for summary trial dismissed. The plaintiff had taken an assignment of an agreement by the defendant for the purchase of a residential development property. The sale did not complete. The plaintiff argued on the summary trial that terms of the assignment agreement concerning a development permit for the property amounted to a condition precedent, which the defendant did not satisfy, a position disputed by the defendant. The Court agreed with the defendant that, owing to conflicts in the evidentiary record, the matter was not suitable for summary trial and dismissed the application with costs to the defendant.
See 1061403 B.C. Ltd. v. Canada Willingdon Holdings Ltd., 2018 BCSC 1067