23 May 2023
Premier Canadian Properties (Okanagan) Ltd. v Craig
Premier Canadian Properties (Okanagan) Ltd. (PCP), a real estate brokerage firm, had entered into an oral agreement with licensed real estate agents and property managers Donna Merle Craig and Geri Surinak. They had agreed to manage a property portfolio together, with PCP providing administrative support. However, a dispute had arisen when Craig and Surinak had decided to leave PCP and had joined Menethil Properties Ltd., taking most of the portfolio with them. PCP had claimed ownership of the portfolio, which had led to a legal battle. The case had centered around the ownership and management of the property portfolio and the validity of the oral agreement between PCP, Craig, and Surinak.
The court had made the following orders:
a) PCP's claim against Craig and Surinak had been dismissed.
b) Craig and Surinak's counterclaim had been allowed.
c) Craig and Surinak had been awarded $25,000 in damages for defamation, and $2,500 in aggravated damages each, from PCP.
d) If the parties couldn't agree on Craig's commissions, she could have applied to address the matter.
e) Craig and Surinak had been entitled to special costs.
f) Craig and Surinak's counsel had been tasked with drafting the formal order for PCP to sign within 14 days, or the requirement for PCP's signature would have been waived.
g) Menethil had borne its own costs for the application and may have received Scale B costs.