Edward Sumio Nishi v. Rascal Trucking Ltd.n (January 16, 2013)
Case # 34510
Hans Heringa was the owner of Rascal Trucking Ltd. Heringa developed property with Cidalia Plavetic, a realtor and a principal of Kismet Enterprises Ltd. In 1996, Rascal entered into a five year lease of the Property to use part of it for a topsoil processing facility. After some complaints, the City of Nanaimo ordered the topsoil be removed. The order was not complied with so the city removed the topsoil at a cost of $110,679, which was lodged against the property as tax arrears. As a result Plavetic stopped making mortgage payments. The CIBC foreclosed on the property in 1997 and paid the money to redeem the property from a tax sale. In 2001, a vesting order was granted with title being transferred to Edward Nishi for $237,500. Heringa helped him with the financing by advancing $110,679 and signing as covenantor. Nishi refused Heringa’s request for an ownership interest in the property. Nishi and Plavetic have lived on the property as a common law couple since 1997. Years later, Rascal Trucking sued Nishi to acquire a 50-per-cent interest in the property and a caveat was filed against the property.