Qi v. Qin
Bay Vista Development Corporation
Xipeng Qin aka “George” Qin
Law Firm / Organization
Gall Legge Grant Zwack LLP
Law Firm / Organization
Thorsteinssons LLP
Lawyer(s)

Daniel Sze

Lightray Development Corporation
Law Firm / Organization
Bojm, Funt & Gibbons LLP
Lawyer(s)

Henry Yu

Background:
This case involved a breach of contract dispute between Jun Qi and Bay Vista Development Corporation (plaintiffs) and Xipeng Qin (also known as George Qin) and Lightray Development Corporation (defendants). The dispute centered around the ownership of 300 shares in Lightray, tied to a real estate development project in Duncan, British Columbia.

Legal Issues:
The key issues were:

  1. Whether the November 2016 agreement required Mr. Qin to transfer his 30% interest in Lightray to Mr. Qi for CAD $700,000.
  2. Interpretation of the agreement: the plaintiffs argued it involved a share purchase, while Mr. Qin claimed it pertained to Mr. Qi acquiring an initial interest in Lightray.
  3. Whether Mr. Qin’s actions amounted to a breach of contract.

Court’s Findings:
The court found that the November agreement required Mr. Qin to sell his shares to Mr. Qi, rejecting Mr. Qin’s claim that the agreement was too uncertain to enforce. It concluded that Mr. Qin breached the agreement by not transferring his shares after receiving payment.

Decision and Remedy:
The court granted specific performance in favor of Jun Qi, ordering the transfer of Mr. Qin’s 300 shares in Lightray to Mr. Qi. It declared Mr. Qi the sole director and shareholder of Lightray. The court awarded costs at Scale B to the plaintiffs, with the exact amount to be determined later if contested.

Supreme Court of British Columbia
S185066
Real estate
Plaintiff