Notable Cases

The British Columbia Court of Appeal agreed with the judge at trial that a $28.8 million contract of purchase and sale should not be enforced, being tainted by the illegality of the purchasers’ fraudulent conduct. While the trial judge found numerous instances of illegal conduct each rendering the contract unenforceable, the Court of Appeal considered it unnecessary to look beyond the conclusion that the purchasers had designed and used the contract and related lease to falsely inflate rent for financing purposes.

Cadillac Fairview Limited and its property, Pacific Centre mall, were unsuccessful in their efforts to stop the proposed redevelopment of 720 Beatty St., site of the Creative Energy steam heat plant which serves the energy needs of over 200 commercial and residential buildings throughout downtown Vancouver. Our clients, Creative Energy and Westbank Projects Corp., are teaming up to build a state-of-the-art office tower and entertainment facilities bridging Vancouver’s Yaletown district with BC Place Stadium.

Our client, Business Development Bank of Canada, had obtained judgment against the corporate debtors and an individual guarantor. After an examination of the guarantor to obtain information to satisfy these obligations, Lana Li successfully invoked a rarely-used tool called “equitable receivership” to gain access to a $6.2 million property.

Our client successfully resisted efforts by her deceased spouse’s brother to challenge their common law relationship and to challenge her right to administer her spouse’s estate. The case required the B.C. Supreme Court to consider time limitations, evidence to prove a common law relationship and whether notice of court applications are required in this case.

After a 78-day trial, the Supreme Court of British Columbia allowed our client to withdraw from a $28,800,000 contract for the sale of a large redevelopment site, due to the intended purchaser’s use of the contract for illegal purposes. This allowed our client to reap a nearly $50,000,000 increase in value.

In two decisions, the British Columbia Supreme Court refused multiple efforts by a residents’ association to halt a multibuilding, 258-unit project now called the Independent at Main. The project, developed by Kornfeld clients Rize Alliance (Kingsway) Properties Ltd. and Rize-Ayalaland Limited Partnership, has since emerged as the heart of redevelopment of the Mount Pleasant neighbourhood along the Broadway corridor, only minutes from downtown.