RBD Victoria Homes Inc. v. 0717227 B.C. Ltd.
RBD Victoria Homes Inc.
GRD Victoria Homes Inc.
0717227 B.C. Ltd.
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Robert A. Millar

Kenneth Helm
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Robert A. Millar

Facts:
RBD Victoria Homes Inc. and GRD Victoria Homes Inc. (collectively, "RBD") sued 0717227 B.C. Ltd. and its director, Kenneth Helm, for breach of contract in a real estate transaction involving the sale of Lot 10, a property in Coquitlam, B.C. The contract required the defendants to ensure substantial completion of off-site servicing by the closing date, which was extended several times. RBD alleged that delays in the servicing caused them financial losses.

Legal Arguments/Issues:
RBD claimed 0717227 B.C. Ltd. breached the contract by failing to complete the off-site servicing as warranted, causing them to incur costs of approximately $1,300,000. They also claimed negligent misrepresentation regarding the completion timeline. The defendants argued that the Mareva injunction, which froze their assets, was obtained based on material non-disclosure and should be lifted.

Decision:
The court considered whether the Mareva injunction should be maintained, analyzing whether RBD made full and frank disclosure when applying for the injunction and whether there was a real risk of asset dissipation by the defendants. The court maintained the security requirement on the defendants.

Costs/Award:
RBD was awarded security costs, with the defendants required to maintain $1,300,000 in trust to cover potential damages. The case highlighted contract law issues in real estate and the use of injunctions to secure assets.

Supreme Court of British Columbia
S212804
Real estate
$ 1,300,000
Plaintiff