Plaintiff
Defendant
Background and Claims:
The case involved The Owners, Strata Plan VIS 1210 (the "Strata Corporation"), and the Estate of Vun Wong Ngai, Mui Tai Ngai, and others. The Strata Corporation alleged breaches of statutory and fiduciary obligations under the Strata Property Act (SPA), seeking over $1.035 million in damages, statutory penalties, and restitution for unjust enrichment. Issues stemmed from alleged failures by the defendants to properly establish and fund a contingency reserve fund, insure the strata, and convene a valid first annual general meeting (AGM).
Legal Arguments and Issues:
The court addressed:
Court’s Decision and Award:
The court found the December 2, 2019 meeting valid but highlighted deficiencies in the defendants’ compliance with SPA obligations, particularly financial records and interim payments. The defendants were ordered to pay:
Court
Supreme Court of British ColumbiaCase Number
210312Practice Area
Real estateAmount
$ 1,958Winner
PlaintiffTrial Start Date
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