Plaintiff
Defendant
Facts: Purchasers Blair Michael Peters and the McDonalds entered into agreements to buy units in a townhouse project developed by East 3rd Street North Vancouver Limited Partnership. Disputes arose concerning the project's completion, and the purchasers expressed intentions to terminate the agreements and sought a return of their deposits.
Issue: The main issue was whether the trustee, Kaminsky & Company Law Corporation, was obligated under the Real Estate Development Marketing Act (REDMA) to release the deposits to the developer following the developer's certification, despite disputes over the completion of the units.
Court's Ruling: The court ruled in favor of the trustee, determining that under REDMA, the trustee "must" release the deposits when the developer provides certification, even if there are disputes. It upheld the plain language of the statute that strictly defined when deposits must be released without requiring the trustee to assess the veracity of the developer's certification.
Costs/Damages Awarded: The trustee was successful and was awarded costs at Scale B for both actions. The court provided a 20-day period for any party wishing to contest this order to notify the court and arrange a hearing.
Court
Supreme Court of British ColumbiaCase Number
S211133Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
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