Background: Li Lin sued Hong Kong Expo Holdings Ltd., Canadian Metropolitan Properties Corporation, Hong Leong Oei, and Yow Lin Zhu. Lin claimed he was wrongfully excluded from a development agreement for lands on Vancouver's False Creek waterfront.
Legal Arguments/Issues:
- Breach of Contract: Lin alleged that Hong Leong Oei breached their Development Project Cooperation Agreement (DPCA) and that he was forced to terminate the agreement under duress.
- Conspiracy: Lin accused Oei and the corporate entities of conspiring against him.
- Standing: Defendants argued Lin lacked standing to sue on behalf of the corporate entity, Huge Rise Development, as the assignment of rights to Lin was not valid under the Law and Equity Act.
- Duress and Ratification: Defendants claimed Lin ratified the Termination Agreement by accepting $12.5 million and not paying the remaining $50 million required under the DPCA.
Findings:
- Termination Agreement: The court found the agreement was ratified by Lin, nullifying claims of duress.
- Standing: Lin lacked standing to claim damages for breach of the DPCA because the assignment from Huge Rise to Lin was invalid and untimely.
- Conspiracy: Lin's conspiracy claims were dismissed as they were tied to the invalidated Termination Agreement.
Costs: The defendants were awarded costs, subject to further submissions.
Justice Marzari dismissed Lin's action, concluding the Termination Agreement was binding and precluded further claims.
