Plaintiff
Defendant
Case Overview:
Pei Hua Zhong sued Alan Hu, Alan Hu Personal Real Estate Corporation, Lingxia Tao, and Colonial Pacific Realty Ltd. The dispute involved a real estate transaction where Mr. Hu, as Mr. Zhong's realtor, breached fiduciary duties by facilitating a competing bid from Ms. Tao, later purchasing the property for himself, and profiting from its sale.
Key Issues:
Breach of Fiduciary Duty: Mr. Hu breached confidentiality, failed to avoid conflicts of interest, and acted against Mr. Zhong's best interests.
Statute of Limitations: The court ruled the claim was not time-barred as Mr. Zhong discovered the breach in 2020.
Remedy for Breach: The court ordered disgorgement of profits and repayment of improperly earned commissions.
Court Decision:
The court ordered Mr. Hu to repay $19,245.25 in commissions.
Mr. Hu was also required to disgorge all profits from the property’s sale, estimated at $626,000 but subject to final determination in related litigation.
Punitive damages were denied, as disgorgement provided sufficient deterrence.
Claims against Ms. Tao for conspiracy were dismissed, as she committed no unlawful acts.
Conclusion:
The court awarded at least $19,245.25 to Mr. Zhong, with the total amount pending further resolution regarding the profits from the property’s sale.
Court
Supreme Court of British ColumbiaCase Number
S220461Practice Area
Real estateAmount
Winner
PlaintiffTrial Start Date
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