Appellant
Respondent
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
Court of Appeals for British ColumbiaCase Number
CA47444; CA47450; CA47805; CA47806; CA47807; CA47808Practice Area
Real estateAmount
Winner
PlaintiffTrial Start Date
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