Hainan Dehong Real Estate Development Corporation v 0952130 B.C. Ltd.
Hainan Dehong Real Estate Development Corporation
Law Firm / Organization
MacKay Boyar Law Corporation
Hainan Kinghouse Real Estate Development Corporation
Law Firm / Organization
MacKay Boyar Law Corporation
0952130 B.C. Ltd. doing business as a sole proprietor Dominion Lending Centres – A Better Way
Law Firm / Organization
Not Specified
Lawyer(s)

A. Morrison

Viva Pro-Mortgage Services Inc. doing business as Dominion Lending Centres – A Better Way X300138
Law Firm / Organization
Not Specified
Lawyer(s)

C. Cheng

Christopher Con-Yue Lee
Law Firm / Organization
Self Represented
Frank Gang Lee
Law Firm / Organization
Not Specified
Lawyer(s)

C. Cheng

Key Facts:
Hainan Dehong Real Estate Development Corporation and Hainan Kinghouse Real Estate Development Corporation (collectively, the plaintiffs) sought $500,000 (USD) ($718,100 CAD) in refundable commitment fees paid to Westbay Partners Services Ltd. for financing a property development project in China. The financing did not materialize, and Westbay failed to return the fees. Christopher Con-Yue Lee and Frank Gang Lee, associated with Dominion Lending Centres, were accused of professional negligence and misrepresentation.

Legal Issues:

  • Negligence: The plaintiffs alleged that Frank Lee failed to meet the standard of care expected of a mortgage broker by not conducting due diligence on Westbay and its ability to deliver financing.
  • Negligent Misrepresentation: The plaintiffs argued that Christopher Lee knowingly made false statements to induce the payment.
  • Breach of Contract: The plaintiffs claimed ABW, Viva Pro, and Frank Lee failed to fulfill contractual obligations.

Judgment and Award:
The court dismissed claims against all defendants except Christopher Lee, finding him liable for $500,000 (USD) ($718,100 CAD) due to fraudulent misrepresentation. The plaintiffs did not receive an award for the trip costs or punitive damages. The case highlighted a lack of evidence to support negligence claims against Frank Lee or ABW.

Costs:
Christopher Lee was ordered to pay $500,000 (USD) ($718,100 CAD) to the plaintiffs, plus pre- and post-judgment interest. Costs were not specified in the judgment.

Supreme Court of British Columbia
S169201
Civil litigation
$ 718,100
Plaintiff