Law360 Canada ( September 8, 2026, 9:35 AM EDT) -- Appeal by appellants from dismissal of an application for summary judgment striking respondents’ constructive trust claim and cancelling a certificate of pending litigation. The respondents invested in a land development project in 2006 pursuant to participating loan agreements under which they advanced capital to the project in return for repayment and a share of profits if sufficient funds became available. The project ultimately failed, leaving one parcel of land unsold. The respondents alleged that 0720305 B.C. Ltd., as bare trustee, held the remaining land by way of constructive trust for their benefit and sought a declaration of an interest in the land together with repayment of their invested capital. The appellants argued that the agreements created only contractual rights to repayment from available project proceeds, not a proprietary interest, and that neither the pleadings nor the evidence disclosed an arguable claim supporting a constructive trust or certificate of pending litigation. The issues on appeal were whether the chambers judge erred in concluding that the respondents had an arguable case for an interest in land arising from a constructive trust, or that the material facts pleaded were sufficient to ground a claim to an interest in land, the threshold for registration of a certificate of pending litigation per section 215(1)(a) of the Land Title Act....