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The plaintiff alleged fraudulent misrepresentation in a blueberry farm purchase, claiming the defendants said 72 acres were planted. The court dismissed the action.
The court assessed damages after default judgment, awarding compensatory and punitive damages for deceit, breach of trust, and fiduciary breach, but refusing disgorgement.
Damages assessment on remand over a failed land sale: the court valued Lot 33 at $416,000 as of January 31, 2007 and held damages must reflect closing costs and any GST rebate.
RCV was found to be the successful party in this costs ruling and was awarded special costs because the plaintiffs’ pre-litigation concealment and fiduciary breaches were reprehensible.
The court found the developers liable under British Columbia real estate disclosure legislation and assessed the investors’ capital loss at the transaction date.
The Court of Appeal held that the vendor’s limitation clause was unenforceable because of ongoing deceit by its agent, and damages must be assessed as of the end of January 2007.
The court dismissed the annulment, property, and damages claims, granted a divorce, and awarded costs to the defendant after finding no proven non-consummation or deceit.
The court held the company could rely on the contract’s limitation clause, but found Dennis Kretschmer liable in deceit for misleading the Roys about delays in completing Lot 33.
The court dismissed the claim against the vendors, but found the realtor and his employer liable in deceit for a misleading half-truth about prior mould issues.
The court found ICBC proved deceit in many repair claims, rejected the wheel-alignment allegation, awarded compensatory, investigative and punitive damages, and offset the defendants’ counterclaim.
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