Cowichan Green Community Society v. Whittle
Cowichan Green Community Society
Law Firm / Organization
Crease Harman LLP
Christopher Patrick Whittle
Law Firm / Organization
Unrepresented
Trend Contracting Co.
Law Firm / Organization
Unrepresented
Trend Painting Co.
Law Firm / Organization
Unrepresented
1241024 B.C. Ltd.
Law Firm / Organization
Unrepresented
Shea Christopher Stonehouse
Law Firm / Organization
Unrepresented

Facts: CGC sought to construct a "Food Hub" in Duncan, receiving over a million dollars in government grants. They entered into a contract with Whittle, providing deposits totaling $100,800 for consulting and construction services. Whittle misappropriated these funds for personal expenses.

Legal Arguments/Issues: CGC claimed breach of trust and unjust enrichment. Whittle transferred the deposit money out of the business account and spent it on personal luxuries, violating the contract and trust.

Procedural History: CGC filed a Notice of Civil Claim on May 26, 2023. A freezing order was issued on December 1, 2023, which Whittle violated by attempting to sell assets. The Response to Civil Claim was struck, and default judgment was entered on April 5, 2024.

Compensatory Damages: The court awarded CGC $100,800 in compensatory damages, with $6,447.95 in pre-judgment interest.

Punitive Damages: The court awarded $21,600 in punitive damages due to the malicious and high-handed conduct of Whittle.

Special Costs: Due to Whittle's reprehensible litigation conduct, the court ordered special costs.

Conclusion: The total award in favor of CGC included $100,800 in compensatory damages, $21,600 in punitive damages, $6,447.95 in pre-judgment interest, and post-judgment interest as per the Court Order Interest Act. Costs were assessed as special costs.

Supreme Court of British Columbia
S231861
Civil litigation
$ 128,848
Plaintiff