Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527

JurisdictionBritish Columbia
JudgeThe Honourable Madam Justice Fitzpatrick
Citation2018 BCSC 527
Docket NumberH170498
CourtSupreme Court of British Columbia (Canada)
Date04 April 2018
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16 practice notes
  • Servus Credit Union Ltd v Crelogix Acceptance Corporation, 2019 ABQB 48
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • January 21, 2019
    ...Servus: 1. 473807 Ontario Ltd v TDL Group Ltd, 2006 CarswellOnt 4596, [2006] OJ No 3050; 2. Forjay Management Ltd v 0981478 BC Ltd, 2018 BCSC 527, 2018 CarswellBC 766; 3. Golden Opportunities Fund Inc v Phenomenome Discoveries Inc, 2016 SKQB 306, 2016 CarswellSask 607; 4. Guarantee Co of No......
  • Century Services Corp. v. LeRoy,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 30, 2021
    ...are officers of the court and not beholden to the secured party who caused the appointment: Forjay Management Ltd. v 0981478 B.C. Ltd., 2018 BCSC 527 at paras. 21–22, citing Philip’s Manufacturing Ltd., Re (1992), 69 B.C.L.R. (2d) 44 at para. 17 (C.A.). Those cases do not assi......
  • Kaur v. Chandler, 2018 BCSC 1283
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 31, 2018
    ...Disclaimer issues were addressed by this Court in relation to the pre-sale contracts (Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527, aff’d 2018 BCCA 251 , and Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 1251 ). There have been and are significant disputes over the ......
  • Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 1409
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 21, 2018
    ...2017, filed just before the granting of the Receivership Order. [75] In my earlier reasons (Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527, aff’d 2018 BCCA 251 ), I recounted the serious difficulties that 098 was experiencing with the development in the late summer/early fall o......
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13 cases
  • Servus Credit Union Ltd v Crelogix Acceptance Corporation, 2019 ABQB 48
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • January 21, 2019
    ...Servus: 1. 473807 Ontario Ltd v TDL Group Ltd, 2006 CarswellOnt 4596, [2006] OJ No 3050; 2. Forjay Management Ltd v 0981478 BC Ltd, 2018 BCSC 527, 2018 CarswellBC 766; 3. Golden Opportunities Fund Inc v Phenomenome Discoveries Inc, 2016 SKQB 306, 2016 CarswellSask 607; 4. Guarantee Co of No......
  • Century Services Corp. v. LeRoy,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 30, 2021
    ...are officers of the court and not beholden to the secured party who caused the appointment: Forjay Management Ltd. v 0981478 B.C. Ltd., 2018 BCSC 527 at paras. 21–22, citing Philip’s Manufacturing Ltd., Re (1992), 69 B.C.L.R. (2d) 44 at para. 17 (C.A.). Those cases do not assi......
  • Kaur v. Chandler, 2018 BCSC 1283
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 31, 2018
    ...Disclaimer issues were addressed by this Court in relation to the pre-sale contracts (Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527, aff’d 2018 BCCA 251 , and Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 1251 ). There have been and are significant disputes over the ......
  • Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 1409
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 21, 2018
    ...2017, filed just before the granting of the Receivership Order. [75] In my earlier reasons (Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527, aff’d 2018 BCCA 251 ), I recounted the serious difficulties that 098 was experiencing with the development in the late summer/early fall o......
  • Request a trial to view additional results
3 firm's commentaries
  • The Perils Of Pre-Sale Condo Contracts
    • Canada
    • Mondaq Canada
    • April 25, 2018
    ...highlights some of the inherent risks associated with entering into pre-sale contracts. In Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527, Madam Justice Fitzpatrick had to consider what to do with a number of pre-sale contracts after a Langley condo project, known as Murrayville......
  • BC Court Orders Disclaimer Of Presale Agreements In Real Estate Receivership
    • Canada
    • Mondaq Canada
    • April 10, 2018
    ...Brock acted for one of the mortgagees in this matter. Read the full decision here. Footnote Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spec......
  • Pre-Sale Contracts Disclaimed In Receivership Of Real Estate Developer
    • Canada
    • Mondaq Canada
    • May 25, 2018
    ...April 4, 2018, the Supreme Court of British Columbia issued a decision in Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527 [Forjay] directing a receiver to disclaim 40 pre-sale contracts in the receivership of a strata condominium development in Langley, B.C., known as "Murrayvill......

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