Plaintiff
Defendant
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.
Court
Supreme Court of British ColumbiaCase Number
S225206Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
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