What is the meaning of “hardship” in the context of lis pendens?
British Columbia, Canada
The following excerpt is from Main Acquisitions Consulting Inc. v Prior Properties Inc., 2017 BCSC 1912 (CanLII):
The meaning of “hardship” in this context was also examined by Hutchison L.J.S.C., as he then was, in Thonger v. Palmer, [1988] B.C.J. No. 1474 (S.C.), where he said, at p. 4: In my view the section requires particularity of that point since it is always inconvenient to have a lis pendens registered against one's property. The question is in what particular way does that inconvenience the person whose property the lis pendens is registered against. There must be a degree of oppression so that the inconvenience goes further and creates hardship. That is the first hurdle for the petitioner.
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