Chen v. West Georgia Development Limited Partnership

Chen v. West Georgia Development Limited Partnership

The court found the defendant complied with REDMA: s.11 satisfied because defendant had adequate arrangements (beneficial ownership, control of registered owner, bare trust and closing mechanics) to deliver fee simple title; paragraph 16 limiting pre‑closing proprietary interest did not negate assurance of title given statutory deposit protections and availability of specific performance and CPL; s.15 satisfied because plaintiff was afforded a reasonable opportunity to read the disclosure statement and s.15 does not impose a statutory requirement to ensure understanding or to procure professional advice; s.14 satisfied because the matters alleged to be undisclosed were not material in the...

Citation
2017 BCSC 1293
Parties
Plaintiff: Lydia May Chen; Defendant: West Georgia Development Limited Partnership (by its general partner West Georgia GP Ltd.)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 July 2017
Procedural Posture
Real Estate Purchase Contract Dispute / Trial Reasons for Judgment
Outcome
Action dismissed
Legal Topics
Real Estate Development Marketing Act (redma), Disclosure Statement, Assurance of Title, Rescission Rights, Purchaser's Lien, Specific Performance, Certificate of Pending Litigation, Estoppel
Source Language
English
Real Property Contract Law Consumer Protection Statutory Interpretation Real Estate Development Marketing Act (redma) Disclosure Statement Assurance of Title Rescission Rights +4 more

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Parties

Lydia May Chen

Plaintiff

West Georgia Development Limited Partnership (by its general partner West Georgia GP Ltd.)

Defendant

Procedural Posture

Real Estate Purchase Contract Dispute / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether developer complied with REDMA s.11 by making adequate arrangements to ensure assurance of title
  2. 2 Whether developer complied with REDMA s.15 by affording purchaser a reasonable opportunity to read the disclosure statement
  3. 3 Whether developer complied with REDMA s.14 by plainly disclosing all material facts in the disclosure statement

Ratio Decidendi

The court found the defendant complied with REDMA: s.11 satisfied because defendant had adequate arrangements (beneficial ownership, control of registered owner, bare trust and closing mechanics) to deliver fee simple title; paragraph 16 limiting pre‑closing proprietary interest did not negate assurance of title given statutory deposit protections and availability of specific performance and CPL; s.15 satisfied because plaintiff was afforded a reasonable opportunity to read the disclosure statement and s.15 does not impose a statutory requirement to ensure understanding or to procure professional advice; s.14 satisfied because the matters alleged to be undisclosed were not material in the...

Court Disposition

Action dismissed

Orders

  • Action dismissed with costs on Scale B