Appellant
Respondent
Background: Veron Vinendh Singh and Shaileshni Mani Gounder engaged Hari Om Sharma as their realtor and Gurpreet S. Minhas as their notary in a 2009 real estate sale. Sharma also provided mortgage funds, which the appellants alleged were never advanced.
Legal Issues: The appellants claimed the respondents failed in their professional duties, resulting in financial loss from the real estate sale, constituting professional negligence and breach of contract. They also argued that Sharma breached his fiduciary duty by not acting in their best interests. Additionally, they contended that Sharma was unjustly enriched, as they made mortgage payments without receiving the loaned funds.
Court Findings: The Supreme Court of British Columbia initially dismissed all claims, citing that the six-year limitation period had expired. On appeal, the Court of Appeal upheld the dismissal for professional negligence, breach of contract, and fiduciary duty claims, confirming they were time-barred. However, the court allowed the unjust enrichment claim to proceed for payments made after March 2011.
Costs and Awards: The appeal was allowed in part, with the unjust enrichment claims against Sharma continuing. The appellants were awarded costs of the appeal against Sharma. Sharma and the appellants were to bear their own costs in the lower court. Minhas was awarded costs for the appeal against the appellants. Financial terms were not specified.
Court
Court of Appeals for British ColumbiaCase Number
CA47508Practice Area
Real estateAmount
Winner
OtherTrial Start Date
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