We are counsel for the Plaintiffs in this 80 day specific performance/fraud case regarding a valuable, high density residential development site in Burnaby, British Columbia. The trial commenced in October 2017 and will be completed in October 2018. The Plaintiffs seek specific performance of a concluded contract in writing, for the sale of this 4.2 acre high-density development site. The Defendant /Seller refused to close the sale in December 2012, and since that time the property has increased in value by $30 - $40 million. The Seller claims that the Plaintiffs and their realtor defrauded the Seller and various lenders and appraisers.
In the Court of Appeal, we successfully overturned the lower court’s decision to cancel the Plaintiffs’ Certificate of Pending Litigation, on the basis that the Plaintiffs had demonstrated a triable issue for entitlement to specific performance. In addition to the parties, the witnesses at trial include numerous appraisers, lenders, potential joint venture partners and real estate development experts.