Dhaliwal v. Legendary Developments (Fraser Heights) Ltd.
Parminder Dhaliwal
Law Firm / Organization
Garcha & Company
Avtar Uppal
Law Firm / Organization
Garcha & Company
Manveer Mattu
Law Firm / Organization
Garcha & Company
Jagroop Mattu
Law Firm / Organization
Garcha & Company
Legendary Developments (Fraser Heights) Ltd.
Law Firm / Organization
Unrepresented
Gurdeep Gordie Dhaliwal
Law Firm / Organization
Unrepresented
Richelle Natt
Law Firm / Organization
Unrepresented
Punjab Law Group LLP also known as PLG LLP
Aggarwal Law Office Ltd.
Naresh Aggarwal
Sumandeep Singh Law Corporation doing business as Singh Law Group
Law Firm / Organization
Unrepresented
Sumandeep Singh
Law Firm / Organization
Unrepresented

Background Facts:
In 2019, the plaintiffs entered into contracts to buy three lots from Legendary Developments. They initially agreed to pay the deposits directly to the seller but later accepted a counteroffer requiring the deposits to be paid to the seller’s lawyer, Sumandeep Singh, in trust. The deposits were meant to help discharge previous options on the properties, but the plaintiffs believed the funds would be held until the completion of the sales. However, the lawyer released the funds to pay off prior encumbrances, and the transactions failed to close, resulting in financial losses.

Legal Issues:
The plaintiffs claimed the lawyer breached fiduciary duties and was negligent in releasing the deposits before completion. They also argued that a trust was created when the funds were paid into the lawyer's account.

Conclusion:
The court dismissed the claims, finding that the contracts allowed the seller to use the deposits before completion. The plaintiffs either agreed to these terms or failed to fully understand them.

Costs:
The court awarded costs to the defendant at the ordinary scale, with further submissions on special costs pending.

Supreme Court of British Columbia
S225206
Real estate
Defendant