Plaintiff
Defendant
Facts: The case involves multiple parties, including 0731431 B.C. Ltd. and others as plaintiffs, and Panorama Parkview Homes Ltd. and others as defendants, in complex commercial and insolvency proceedings. It centers around disputes over funds held in trust, payments for professional fees from these funds, and the subsequent bankruptcy of several involved parties.
Issue: The primary legal issue concerns the repayment of funds that were taken from trust accounts to pay for professional fees during the insolvency proceedings. The court had to determine whether the fees charged were reasonable and how much should be repaid to the trust accounts.
Court’s Ruling: Justice Sewell ruled that the fees taken by Crowe Mackay & Company and Fasken Martineau DuMoulin LLP (representing the trustee and its counsel) exceeded reasonable amounts. The court ordered a repayment of fees that were deemed excessive, based on an assessment of fairness and the need to maintain the integrity of the judicial process.
Amount of Costs/Damages Awarded: The court ordered Crowe Mackay and Fasken to repay amounts taken above $1,000,000 from the funds held for the 2007 Joint Venturers. The exact figures adjusted for the repaid funds totaled $4,048,310, with specific amounts allocated to different parties involved. Interest on these repaid funds was also considered, with specific calculations to be determined under equitable principles and the Bankruptcy and Insolvency Act.
Court
Supreme Court of British ColumbiaCase Number
S142529Practice Area
Bankruptcy & insolvencyAmount
$ 5,048,310Winner
PlaintiffTrial Start Date
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