Zhong v Alan Hu Personal Real Estate Corporation
Pei Hua Zhong
Law Firm / Organization
Kane Shannon Weiler LLP (KSW Lawyers)
Lawyer(s)

Eoin Logan

Alan Hu Personal Real Estate Corporation
Law Firm / Organization
Linmac LLP
Lawyer(s)

Robert Lo

Alan Hu
Law Firm / Organization
Linmac LLP
Lawyer(s)

Robert Lo

Lingxia Tao
Law Firm / Organization
Not Specified
Lawyer(s)

G. Lee

Colonial Pacific Realty Ltd. dba Re/Max Colonial Pacific Realty
Law Firm / Organization
Unrepresented

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:

  1. Breach of Fiduciary Duty: Mr. Hu breached confidentiality, failed to avoid conflicts of interest, and acted against Mr. Zhong's best interests.

  2. Statute of Limitations: The court ruled the claim was not time-barred as Mr. Zhong discovered the breach in 2020.

  3. 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.

Supreme Court of British Columbia
S220461
Real estate
Plaintiff