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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Chin, Mary Ahlay |
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Plaintiff |
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Tan, Mary Ahlay |
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Plaintiff |
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Tan, Swee Cheow |
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Plaintiff |
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Dassuncao, Domingo |
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Defendant |
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Eng, Cecelia |
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Defendant |
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Eng, Ken |
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Defendant |
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Eng, Sairsoong |
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Defendant |
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Lee, Stella |
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Defendant |
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Lee, Stella Siu Mui |
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Defendant |
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Ng, Cecelia |
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Defendant |
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Ng, Cecelia Li Wah |
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Defendant |
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Ng, Sairsoong |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Boyle, Harry David |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Phillips, Glen Allan |
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Plaintiff |
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Guy, David M. |
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Defendant |
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Riecken, Guy Basler |
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Defendant |
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| Decision: |
Action brought by purchaser against vendors and realtors for fraud and misrepresentation. An alternative claim was made against the realtors for breach of fiduciary duty. The plaintiffs had purchased a corner grocery store from the defendants. They were not aware until after the purchase was completed that the City of Burnaby had designated the property for future acquisition and use as a park. The grocery business did not prosper. The Plaintiffs eventually sold the property to the City of Burnaby. They alleged that the vendors and the realtor had a duty to disclose this information to the purchasers. The realtor Lee was held to be liable for breach of fiduciary duty for failing to disclose the City's interest in acquiring the land for park uses. However, no loss was proven and no damages were awarded. The balance of the action was dismissed. The purchasers and the realtor were required to bear their own costs. However, the realtor was ordered to pay the vendor's costs. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1990] EXLAW 4 |
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| Parallel citations: |
[1990] B.C.J. No. 2840 |
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