S A S Johal Enterprises Inc. v. 0899979 B.C. Ltd. and G6 Ventures (Sunset Gardens) Ltd., June 1, 2015 (unreported)

Alleged Contract for Purchase of Property – CPLs – Successful Application to Strike the Plaintiff’s Claim For Abuse of Process

Sourisseau & Co. successfully obtained an order, four weeks prior to a 10 day trial, entirely dismissing the Plaintiff’s claim for over $3M. The Plaintiff alleged a breach of contract to purchase property and filed CPLs against the subject property. We obtained a series of court orders requiring the Plaintiff to provide information and have their representatives attend for examinations for discovery. The Plaintiff breached those orders. We applied to the BC Supreme Court to have the Plaintiff’s claim dismissed and court gave the Plaintiff a further opportunity to comply but ordered that the Plaintiff comply with a set of conditions and pay our client’s special costs.

The Plaintiff continued to fail to comply with the court’s orders and directions regarding document production and examinations for discovery.

We brought a further application to strike the Plaintiff’s claim. The Court found that the Plaintiff had continued to frustrate the process of the court and had violated orders. The Court found that our clients had done all they could do to bring the matter to trial and the Plaintiff’s conduct remained egregious. The Court ordered that the Plaintiff’s claim be struck. We had previously obtained an order from the BC Court of Appeal discharging the CPLs.