The Owners, Strata EPS401 v. Findlay
The Owners, Strata EPS401
Law Firm / Organization
Johns Southward LLP
Bruce Findlay
Law Firm / Organization
Self Represented
GPI Developments Inc.
Law Firm / Organization
Unrepresented

Background: This case was handled in the Supreme Court of British Columbia, addressing misrepresentations made by GPI Developments Inc. and its director, Bruce Findlay, in statutory disclosure documents provided to the purchasers of strata units.

Legal Issues & Arguments: The primary legal issues included whether the Strata Corporation had standing to sue on behalf of individual owners and whether the defendants committed misrepresentations under the Real Estate Development Marketing Act. The Strata Corporation argued that it could represent all owners in suing for damages due to misrepresentations about the property's conditions and promised improvements which were never fulfilled. Bruce Findlay contested the corporation's standing and argued against the alleged misrepresentations, claiming all were made with honest intentions.

Held: The court confirmed that the Strata Corporation had the appropriate standing to commence the action on behalf of unit owners and found Bruce Findlay liable for the misrepresentations. Misrepresented aspects included contributions to a contingency reserve fund and various uncompleted property enhancements.

Costs/Damages Awarded: The court awarded total damages amounting to $170,960 to the Strata Corporation. This included specific awards for the contingency reserve fund, repaving of the driveway and parking lot, replacement of main floor common area plumbing lines, and the entranceway communication system. Costs of the action were awarded at Scale B to the plaintiff, The Owners, Strata EPS401.

Supreme Court of British Columbia
162338
Real estate
$ 170,960
Plaintiff