Garcha v. 690174 B.C. Ltd.
Daljit Singh Garcha
Law Firm / Organization
Phillips Paul Barristers & Solicitors
Lawyer(s)

G. Allan Phillips

Jaswinder Kaur Garcha
Law Firm / Organization
Phillips Paul Barristers & Solicitors
Lawyer(s)

G. Allan Phillips

0731431 B.C. Ltd.
Law Firm / Organization
Allen/McMillan Litigation Counsel
Lawyer(s)

Joel V. Payne

Daljit Singh Mattu
Law Firm / Organization
Allen/McMillan Litigation Counsel
Lawyer(s)

Joel V. Payne

690174 B.C. Ltd.
Law Firm / Organization
Unrepresented
Panorama Parkview Homes Ltd.
Law Firm / Organization
Unrepresented
Jaswant Singh Sangha
Law Firm / Organization
Unrepresented
Parmjit Kaur Sangha
Law Firm / Organization
Magnus Law
Raveen Sangha
Law Firm / Organization
Magnus Law
Ranjit Singh Sangha
Law Firm / Organization
Munro & Crawford
Lawyer(s)

Andrew Beesley

Svender Singh Sangha
Law Firm / Organization
Munro & Crawford
Lawyer(s)

Andrew Beesley

Douglas William Wills
Law Firm / Organization
Unrepresented
Balbir Kaur Dale
Law Firm / Organization
Not Specified
Lawyer(s)

D.W. Wills

Grewal Management Ltd.
Law Firm / Organization
Unrepresented
Jasprit Singh Grewal
Law Firm / Organization
Unrepresented
Crowe MacKay & Company Ltd. in its capacity as trustee in bankruptcy of Jaswant Singh Sangha, Panorama Parkview Homes Ltd., and 690174 B.C. Ltd.
Law Firm / Organization
Harper Grey LLP

Background Facts: From 2007 to 2011, the defendants acquired and developed five contiguous lots in Surrey, B.C., intending to subdivide and sell them as residential properties. Several joint venture agreements were established during this period, under which the plaintiffs contributed funds to the project, expecting a share of the profits. However, breaches of fiduciary duty by Jaswant Singh Sangha, the project's driving force, and the subsequent bankruptcy of Jaswant and his companies led to disputes over the distribution of the proceeds from the land sales.

Key Issues: The case revolved around disputes over the plaintiffs’ beneficial ownership interests in the developed land, the validity and impact of various joint venture agreements, and the allocation of approximately $13 million in net sale proceeds. Additionally, the trustee’s actions in the bankruptcy proceedings, including excessive fees and expenses, were challenged.

Legal Arguments: The plaintiffs maintained they had a beneficial interest in the land based on their financial contributions. The trustee argued that these were equity claims subordinate to creditors. The court upheld the plaintiffs' claims, affirming their beneficial ownership.

Awards and Costs: The court limited the trustee’s fees to $4,048,310 and ordered substantial repayments. Costs were awarded to the plaintiffs on Scale C, with the trustee personally liable for some costs.

Court of Appeals for British Columbia
CA47444; CA47450; CA47805; CA47806; CA47807; CA47808
Real estate
Plaintiff