Claims of civil conspiracy and unjust enrichment connected to a Port Coquitlam subdivision have not been proven but – according to a recent B.C. Supreme Court ruling – they can’t be dismissed yet either.
A dispute over a Chilcott Avenue property deal was heard in court recently when Bhavandeep McGregor unsuccessfully sought to have claims in the matter dismissed.
The arrangement
The conflict stems from a 2017 agreement between Joseph Bidwell and McGregor’s father, Rajinder Chhina.
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At the time, Chhina owed Bidwell $200,000.
The joint venture agreement – which also involved Canadian Green Home Inc., a company controlled by Chhina – called for that $200,000 to be used to buy the property at 2438 Chilcott Ave.
The property was to subdivided into two lots at 2432 and 2436 Chilcott Ave. One lot would be retained by Chhina. Following the construction of a new house on the other lot, Bidwell was slated to get the net profit: “after all fees including management commission has been deducted.”
Bidwell later filed a notice of civil claim that refers to a breach of the agreement by Chhina. The claim also refers to civil conspiracy, unjust enrichment and constructive trust and breach thereof by Chhina and McGregor.
The notice of claim also refers to: “Secret conveyance of the 2432 Property by Chhina to McGregor.”
McGregor applied to dismiss Bidwell’s claim on the basis: “there is no genuine issue for trial.”
Application dismissed
Justice Veronica Jackson was not persuaded, ruling that the evidence cited by McGregor: “falls well short.”
Credibility is a “significant factor,” Jackson wrote, noting that the evidence by McGregor and Chhina is “disputed on many points.”
“McGregor refused to consent to being cross-examined on her affidavit, and has also refused to provide certain documents for inspection, including the alleged original loan agreement,” Jackson wrote.
Jackson also noted the less than complete documents purporting to support McGregor’s evidence, as well as the relationship between McGregor and Chhina as possibly supporting a finding of conspiracy and unjust enrichment.
“Efficiency is not to be gained at the cost of a party’s right to a trial,” Jackson wrote.
Following the dismissal of McGregor’s application, Jackson the parties were given two weeks to agree on costs. If they can’t agree, they will submit a request to appear before a specific judge.
