The Owners, Strata Plan VIS 1210 v. Ngai Estate
The Owners, Strata Plan VIS 1210
Law Firm / Organization
Reed Pope Law Corporation
Lawyer(s)

Trevor W. Morley

The Estate of Vun Wong Ngai
Law Firm / Organization
Mulroney Siver Law
The Estate of Mui Tai Ngai
Law Firm / Organization
Mulroney Siver Law
Simon Yuk Hing Ngai
Law Firm / Organization
Mulroney Siver Law
Tommy Yuk Fai Ngai
Law Firm / Organization
Mulroney Siver Law
Amy Ying Yu Yan
Law Firm / Organization
Mulroney Siver Law
Shirley Ngai
Law Firm / Organization
Mulroney Siver Law
Rainbow Tang
Law Firm / Organization
Mulroney Siver Law
Alex Yuk Wah Ngai
Law Firm / Organization
Mulroney Siver Law

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:

  1. Whether the December 2, 2019 meeting met SPA requirements for a first AGM.
  2. Whether the defendants underfunded the contingency reserve fund and owed additional payments.
  3. Whether the interim budget and subsequent financial contributions complied with SPA standards.
  4. Alleged failures in obtaining proper insurance.
  5. Claims for statutory penalties, punitive damages, and restitution.

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:

  • $1,477.79 for unpaid contributions.
  • $480.55 for underestimation of operating expenses.
  • Reimbursement of document preparation costs under SPA.
Supreme Court of British Columbia
210312
Real estate
$ 1,958
Plaintiff