Real Estate Disputes Published Cases

  • Pasternak v. Morden, 2022 BCSC 433
    • Successfully persuaded the Defendant for failing to complete on the purchase of a residential home in Maple Ridge. After a trial of the matter, the court awarded the Plaintiffs damages in the amount of $97,800, which represented the difference in the price that the Defendants agreed to pay for the Property and the final price the Property was sold for.

 

  • Pooni v. Storsley, 2022 BCSC 1011
    • Successfully represented the Defendants in this matter. The Plaintiffs claimed that the Defendants had agreed to sell their land to two separate parties, which may have entitled one party to the Property and the other party to damages for breach of contract. However, it was successfully argued that the second agreement was not binding between the parties and that the subject clauses in the agreement were too subjective, allowing the buyer not to complete the purchase if they simply did not want to. The court agreed and dismissed the case.

 


  • Watson v. Charlton, 2016 BCSC 664 (CanLII)— 2016-04-15
    • Successfully represented a Plaintiff at trial obtaining lot line adjustment changing the property boundary pursuant to  s 36 of the Property Law Act RSBC 1996 c 377. Additionally, we obtained damages for trespass and the cost to repair a deck that had been damaged by a neighbor during a neighbor dispute.

 

  • Sears v. Counsell, 2015 BCSC 1892 (CanLII) — 2015-09-04
    • Successfully defended an action over the ownership of a mobile home on the basis that the Defendant had made payments towards the purchase of the home from money gifted to her.

 

  • Farrer v. Farrer, 2013 BCSC 1088 (CanLII) — 2013-06-20
    • Defended a family law action at trial where the plaintiff sought to set aside a separation agreement which was alleged to be unfair and where proper disclosure had not been made. The Separation agreement was upheld on the basis that the Plaintiff was unable to demonstrate that it was unfair or unconscionable. Further the Plaintiff had failed to bring the action in time pursuant to the Limitation Act and the Defence of Laches was allowed as the time and conduct of the parties would make setting aside the agreement to be fundamentally unfair.  The counterclaim for damages from the Plaintiff selling and disposing of the Defendant’s property was granted along with costs.

 

  • Murray v. Langley (Township), 2010 BCSC 102 (CanLII) — 2010-01-27
    • Successfully defended clients who sold property to homeowners who suffered a landslide as a result of soil erosion by a stream

 

  • Zappala v. Mann, 2007 BCSC 1699 (CanLII) — 2007-11-26
    • Successfully enforced a complicated financing/rent to own scheme at trial and had a residential tenancy order and writ of possession set aside. Successfully obtained punitive damages and special costs against a defendant who had sworn false testimony and brought proceedings with an improper purpose.