Court awards $1.8 million in West Vancouver real estate fraud case
CTV
A dispute between real estate development partners over a pair of planned luxury homes in West Vancouver's British Properties has resulted in more than $1.8 million in damages for civil fraud.
A dispute between real estate development partners over a pair of planned luxury homes in West Vancouver's British Properties has resulted in more than $1.8 million in damages for civil fraud.
B.C. Supreme Court Justice Janet Winteringham ruled on the dispute Thursday, and her decision was posted online Friday.
In it, she found that the plaintiff, Jeana Ventures Ltd., had successfully proven, on the balance of probabilities, three instances of civil fraud by the defendants, Phil Garrow and several companies he owned or co-owned.
Winteringham's 71-page decision begins by describing the case as a dispute between Garrow and Les Sallay, the owner of Jeana. The men, "through their closely held companies," invested in two properties in West Vancouver on which they intended to build and sell luxury homes, the judge writes.
"Through various investments vehicles, they both contributed cash to the projects," Winteringham writes. "The business relationship ended badly. Both lost portions of their investments and any hope of realizing the anticipated profits from the projects. They now sue one another, each blaming the other for the failings of the projects."
While the judge found that Sallay and Jeana had proven parts of their case, she dismissed Garrow's counterclaims.
The parties acquired two properties – 1103 Gilston Rd. and 1449 Sandhurst Pl. – through holding companies associated with each address.
