Plaintiff
Defendant
- Parties: The plaintiff was Kit Yee Anita Chan. The defendant was Daljit Singh Dhaliwal.
- Subject Matter: The parties entered a contract of purchase and sale dated June 1, 2021 relating to a property in 7368 Barnet Road, Burnaby, BC. Under the contract, the defendant seller agreed to install a platform chairlift between the property’s garage and basement level. The plaintiff purchaser sought judgment against the defendant for the contract’s specific performance based on the defendant’s alleged failure to complete the residential real estate transaction.
- Ruling: The court ruled in the plaintiff’s favour. The court set the contract’s new completion date at May 22, 2025 or at an earlier date agreed by the parties in writing or ordered by the court. The court allowed the plaintiff to set off $15,000 – amounting to the portion corresponding to the installation of a lift for which the defendant was responsible under the contract – against the purchase price. The court also permitted the plaintiff to set off the damage award of $272,835.93 plus pre-judgment interest against the purchase price. This would leave a total purchase price of $1,992,164.07, less any pre-judgment interest and 90 days’ post-judgment interest.
- Date: The court released its decision on Feb. 12, 2025.
- Venue: This was a case before the Supreme Court of British Columbia.
- Amount: The court awarded costs of the proceedings at Scale B, payable to the plaintiff as the successful party and subject to the parties wishing to make costs submissions.
Court
Supreme Court of British ColumbiaCase Number
S242357Practice Area
Real estateAmount
Winner
PlaintiffTrial Start Date
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