The applicant brought a motion for a Certificate of Pending Litigation regarding a rural property formerly owned by his parents.
The applicant alleged that the property was transferred to the respondent's corporation to be held in trust for the applicant, who purchased it at half its market value from his parents but could not obtain financing.
The respondent claimed the property was purchased outright with an expectation the applicant would buy it back later.
The court found a triable issue regarding the applicant's beneficial interest and held that damages would be inadequate given the property's long history in the applicant's family.
The motion for a Certificate of Pending Litigation was granted on terms.
