Plaintiff
Defendant
Other
Background:
Leslie Louie Sallay, operating through Jeana Ventures Ltd., and Phil Garrow invested together in two residential properties. Both parties lost their investments when the projects failed. The court previously ruled in favor of Jeana Ventures Ltd., awarding them $1,835,410.24 after finding Garrow had engaged in fraudulent conduct. The current proceedings focused on additional claims for aggravated and punitive damages, as well as special costs.
Legal Issues:
The key issues were whether the plaintiff was entitled to aggravated damages, punitive damages, and special costs due to Garrow’s actions during and after the investment period, including his conduct during litigation.
Court Findings:
The court denied the claim for aggravated damages, ruling that Sallay's distress was within the expected range for a failed investment, despite Garrow's fraud. However, punitive damages were awarded due to Garrow's malicious conduct, including fabricating a document during the trial.
Costs and Damages Awarded:
Court
Supreme Court of British ColumbiaCase Number
S2012442Practice Area
Civil litigationAmount
$ 75,000Winner
PlaintiffTrial Start Date
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