This web site provides information about the wind-up and court ordered sale process of the Cameray Gardens Strata, NWS 289, located at 3925 Kingsway and 5715 Jersey Avenue, Burnaby, B.C.

This page is for information purposes only and you should consult your professional adviser if you have any questions or are uncertain as to your rights or obligations.

Wind-Up Petition

On February 15, 2022, the Owners, Strata Plan NWS289 (“Cameray Gardens”) held a special general meeting to consider resolutions (the “Wind-Up Resolutions”) to wind-up Cameray Gardens and appoint Derek Lai of Crowe MacKay & Company Ltd. (the “Liquidator”) as the liquidator of the strata pursuant to section 277 of the Strata Property Act.  The Wind-Up Resolution passed, receiving received 93 votes in favour, representing 92.08% of the 101 strata units, and one vote against.

On May 13, 2022, the Owners, Strata Plan NWS289, commenced a petition in the B.C. Supreme Court seeking an order confirming the wind-up resolution passed at the Special General Meeting held on February 15, 2022.  The petition was heard on June 17, 2022. 

Links to copies of the Petition, Orders, supporting affidavits and all other material filed with the court can be found below.  You may also request copies of this material by sending an email to: cameray@lawsonlundell.com

Current Status

The windup petition was heard on Friday, June 17, 2022 virtually via Microsoft Teams.  Justice Milman granted all of the orders sought and confirmed the wind-up of Cameray Gardens.  This included confirmation of Derek Lai of Crowe MacKay & Company Ltd. as the liquidator for Cameray Gardens.  That appointment is now effective and the Liquidator has authority over the affairs of Cameray Gardens.  A copy of the Order is linked below.

The Liquidator signed an exclusive listing agreement with the strata’s real estate agents (TRG Commercial, NAI, CBRE, Marshall Macleod and David Ho) who are continuing to market Cameray Gardens.  As part of this agreement, the realtors agreed to the termination of the prior listing agreements with the strata and individual owners so that no commissions are payable under those agreements. 

The Liquidator also entered into a strata management agreement with Fraser Park Realty to provide daily strata management services as was previously done for the strata council. For all normal strata business, owners should continue to contact Fraser Park Realty (Hilaire Kalfon). 

As of today, the Liquidator continues to work with the aforesaid real estate agents along with the strata council members towards a successful sale of the property. 

Pleadings

1. Petition filed May 13, 2022;
2. Affidavit #1 of A. Eykelbosh, filed May 13, 2022;
3. Affidavit #1 of D. Lai, filed May 13, 2022;
4. Affidavit #1 of J. Williams, filed May 13, 2022;

5. Affidavit #2 of J. Williams, filed May 13, 2022;
6. Notice of Hearing;

7. Affidavit #1 of Rahima Bhaloo, filed June 1, 2022;

8. Affidavit #1 of Patti Lewis, filed June 1,2022

Orders

1. Order of Master Muir, made May 13, 2022

2. Order of Justice Milman, made June 17, 2022

Sale of Cameray Gardens

Once the Liquidator has selected a purchaser for Cameray Gardens, the owners will be provided with the proposed contract of purchase and sale.  The Liquidator will then call, pursuant to section 282 of the Strata Property Act, a special general meeting of the owners for a vote to approve that sale.  A vote to approve a sale requires a resolution to be passed by a 75% vote of the owners. 

The Liquidator may be contacted by email at: cameray@crowemackay.ca