Appellant
Respondent
Case Overview:
The case involved an appeal by Man Qiao against Lawrence Fu and New World Realty Ltd., alleging negligence by the realtor (Fu) in handling the purchase of three presale units. The appeal arose from a decision of the Supreme Court of British Columbia dismissing Qiao's claims.
Legal Issues:
Negligence and Standard of Care: Qiao claimed that Fu breached the standard of care by failing to forward the contracts of purchase and sale to a notary. The trial judge found that Qiao had not retained a notary and had instructed Fu not to forward the contracts because she planned to assign them.
Causation: Qiao argued that Fu’s actions led to her inability to complete the purchases. The court found no need to address causation since the negligence claim failed.
New Issue on Appeal: Qiao argued that Fu failed to inform her of the closing date. This issue was not pleaded or raised at trial, and the appellate court declined to consider it.
Court’s Decision:
The Court of Appeal upheld the trial court’s findings, ruling that there was no palpable and overriding error. Fu acted reasonably based on Qiao’s instructions.
Costs/Awards:
The appeal was dismissed, but the document did not specify an award of costs or other monetary details in favor of the respondents.
Court
Court of Appeals for British ColumbiaCase Number
CA49609Practice Area
Real estateAmount
Winner
RespondentTrial Start Date
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