Moon v. Sails at the Village on False Creek Developments Corp.

Moon v. Sails at the Village on False Creek Developments Corp.

Plaintiffs were entitled to discontinue the misrepresentation claims without leave because no notice of trial had been filed and the earlier case law requiring leave was distinguishable given changes to the practice direction; the notices of discontinuance did not constitute an abuse of process on the facts;...

Source-derived case information.

Citation
2012 BCSC 1999
Parties
Plaintiffs: Eun Jung Moon, Ayesha Ali, Prakash Chandra Arora, Robert David Bidner and Masumi Bidner, Veronica Saranne Brykajlo and Leszek Brykajlo, Tarun Chaudhary and Meenu Chaudhary, Siang Hai Foo, Melanie Cindy Mah, Hyun Kyung Park, Shinil Park, Mirian Esther Phibbs and Paul Winston Phibbs, Helen Talebi, Harold Peter Thuringer and Barbara Irene Thuringer, Wee Ming Wong and Lisa Wong, Hui Lia Ye and Willow Szeto, Kevin Jason Yeung, Forough Hobuti, Ratika Chauhary, Jianxin Gong, Tzu-Kai Dio Ho; Defendant: Sails at the Village on False Creek Developments Corp.; Defendant: City of Vancouver
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 December 2012
Procedural Posture
Civil Action Statutory Rescission Under REDMA and Misrepresentation Claims / Pre Trial Application to Strike Notices of Discontinuance; Case Managed Before Trial; Summary Trial Planning
Outcome
Plaintiffs may discontinue the misrepresentation claims without leave; notices of discontinuance are not struck as abuse of process; each plaintiff's discontinuance is declared to be a defence to any subsequent proceeding for the same or substantially the same cause of action (i.e. discontinuances are with...
Legal Topics
Rescission Under REDMA, Notice of Discontinuance, Abuse of Process, With Prejudice Discontinuance, Costs, Case Management
Source Language
english
Real Estate Law Consumer Protection Contract Law Tort Misrepresentation Civil Procedure Rescission Under REDMA Notice of Discontinuance Abuse of Process +3 more

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Parties

Eun Jung Moon, Ayesha Ali, Prakash Chandra Arora, Robert David Bidner and Masumi Bidner, Veronica Saranne Brykajlo and Leszek Brykajlo, Tarun Chaudhary and Meenu Chaudhary, Siang Hai Foo, Melanie Cindy Mah, Hyun Kyung Park, Shinil Park, Mirian Esther Phibbs and Paul Winston Phibbs, Helen Talebi, Harold Peter Thuringer and Barbara Irene Thuringer, Wee Ming Wong and Lisa Wong, Hui Lia Ye and Willow Szeto, Kevin Jason Yeung, Forough Hobuti, Ratika Chauhary, Jianxin Gong, Tzu-Kai Dio Ho

Plaintiffs

Sails at the Village on False Creek Developments Corp.

Defendant

City of Vancouver

Defendant

Procedural Posture

Civil Action Statutory Rescission Under REDMA and Misrepresentation Claims / Pre Trial Application to Strike Notices of Discontinuance; Case Managed Before Trial; Summary Trial Planning

Legal Issues

  1. 1 Whether plaintiffs require leave to discontinue misrepresentation claims once case managed
  2. 2 Whether notices of discontinuance amount to an abuse of process
  3. 3 Whether discontinuances should be declared with prejudice and operate as a defence to future proceedings

Ratio Decidendi

Plaintiffs were entitled to discontinue the misrepresentation claims without leave because no notice of trial had been filed and the earlier case law requiring leave was distinguishable given changes to the practice direction; the notices of discontinuance did not constitute an abuse of process on the facts; however, in exercise of the court's discretion under Rule 9-8(8) the discontinuances were ordered to be a defence to any subsequent proceeding for the same or substantially the same cause of action (i.e. declared with prejudice); costs preliminarily in the cause.

Court Disposition

Plaintiffs may discontinue the misrepresentation claims without leave; notices of discontinuance are not struck as abuse of process; each plaintiff's discontinuance is declared to be a defence to any subsequent proceeding for the same or substantially the same cause of action (i.e. discontinuances are with...

Orders

  • Plaintiffs permitted to discontinue misrepresentation claims without leave.
  • Notices of discontinuance are not struck as an abuse of process.