On what grounds can an application for a conditional discharge be successful on the basis that there is no evidence of a beneficial interest?

British Columbia, Canada

The following excerpt is from Advance Magazine Publishers Inc. v. Fleming, 2002 BCSC 995 (CanLII):

The applicant, relying upon a comment made in Blaxland v. Fuller [1995] B.C.J. No. 2735, at paragraph 18: The third ground was that there was no evidence of beneficial interest. With respect, the purpose of the examination was to determine whether there was further evidence, there being admittedly at this point suspicious circumstances.

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