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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.

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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.

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Executive Summary of Current Status

The sale of Cameray Gardens to 1038573 BC Ltd., a subsidiary of Bellmont Pacific Development Group Ltd. (collectively, “Bellmont”), did not complete as intended on November 26, 2024 because a fire destroyed one of the two Cameray Gardens buildings on November 17, 2024.  The fire is the subject of an insurance claim by Cameray Gardens and the Liquidator.  The fire is being investigated by the RCMP. 

 

Bellmont has terminated the agreement to purchase Cameray Gardens and is seeking the return of its deposit.  Subject to consultation with the owners, the Liquidator will likely seek a new purchaser for Cameray Gardens.  Any approval of an agreement to sell Cameray Gardens must be approved by the owners pursuant to section 282 of the Strata Property Act at a special general meeting called for that purpose.    

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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.

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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 and the wind-up confirmation order was granted by Justice Milman, including confirmation of Derek Lai of Crowe MacKay & Company Ltd. as the liquidator for Cameray Gardens.

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On December 7, 2022, the Liquidator entered into a conditional contract of purchase and sale (the “PSA”) with 1038573 BC Ltd., a subsidiary of Bellmont Pacific Development Group Ltd. (collectively, “Bellmont”).  The purchase price is $61 million with an original closing date in October 2023.  By way of an addendum dated February 23, 2023, the closing date of the PSA was changed to December 15, 2023. 

 

At a special general meeting held on May 20, 2023, the owners unanimously approved a resolution confirming acceptance of the PSA pursuant to section 282 of the Strata Property Act.  76 owners attended this meeting attendance in person and by proxy.

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

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Current Status

The PSA did not complete on December 15, 2023 as Bellmont failed to tender the purchase price.  On December 18, 2023, Bellmont commenced a claim against the Liquidator and all the Cameray Gardens owners seeking specific performance of the PSA (the “Bellmont Claim”). 

 

In August 2024, the Bellmont Claim was resolved by agreement and a court order was granted setting a new closing date for the PSA of November 26, 2024.  As part of this agreement, the purchaser paid from the $3 million deposit the sum of $100,000 to the Liquidator.  These funds were used to pay ongoing fees and expenses of the Liquidator.  The remaining deposit funds ($2.9 million) remains in the trust account of the purchaser’s lawyers (MLT Aitkens LLP). 

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Cameray Gardens Fire

On November 18, 2024, a fire was intentionally set in the lobby of the Jersey Building at Cameray Gardens.  The resulting fire caused extensive damage and rendered all units in the Jersey Building uninhabitable.  The Liquidator has made an insurance claim to the Cameray Gardens’ insurer, HUB Insurance.  The insurer is currently working to remediate the Jersey Building and assess the insurance claim.   

 

On December 10, 2024, an information meeting was held for Cameray Gardens owners at the Kingsway Church, 4061 Kingsway, Burnaby.  Updates were provided by Tim Hendriks of On-Side Restorations, Robe Orr of Coast Claims Insurance Services, Dave Blake of HUB Insurance, along with the Liquidator and its counsel. 

 

The relevant contacts for HUB Insurance are:

 

Tim Hendrik, On-Side Restorations Services, building remediation
778 809 3363

Timhendrick@onside.ca

 

Robb Orr, Coast Claims Insurance Services, insurance adjuster

604 546 1897

Rorr@coastclaims.com

 

David Blake

604 269 1842

Dave.Blake@hubinternational.com

 

The Burnaby RCMP are investigating the fire as an arson.  The contact information for the lead investigator is:

 

Constable Andy Guo

C Watch Investigative Support Team

Burnaby RCMP

604-348-6613

andy.guo@rcmp-grc.gc.ca

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Consequences of the Fire/ Preservation order

As a result of the fire, the purchaser did not complete the PSA on November 26, 2024.  Instead, on November 22, 2024 the purchaser delivered notice to the Liquidator terminating the PSA and seeking the return of the deposit pursuant to section 2.5(b)(iv) of the PSA. 

 

On November 25, 2024, the Liquidator obtained a court order requiring MLT Aikins LLP to hold the remaining deposit, plus any interest thereon, in trust until December 2, 2024 pending a full hearing of the Liquidator’s application (the “Preservation Order”).   On December 2, 2024, by agreement with counsel for the purchaser, the Preservation Order was extended to January 15, 2025.  On January 15, 2025, again with the agreement with counsel for the purchaser, the Preservation order was extended to February 21, 2025.  The Liquidator’s substantive application for the Preservation order has been adjourned to February 21, 2025.

 

Copies of all the materials filed and court orders granted in the Bellmont Claim can be found below under the heading “Bellmont Claim Pleadings”.

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Property Assessment Appeal

On January 28, 2025, legal counsel for the Liquidator, on behalf of the 47 unit owners of strata lots in the Jersey Building, filed a Notice of Complaint (Appeal) with the Property Assessment Review Panel (PARP) to preserve the right of the Joyce Jersey Building strata owners to seek a reduction in the 2025 BC Assessment values of each strata unit in the Jersey Building as a consequence of the fire in November 2024.    

 

The first step is to continue to liaise with BC Assessment Authority to negotiate value reduction of Jersey Building informed by the anticipated reports form the insurer about the cost to repair the Jersey Building and other appraisal evidence.   We are presently unable to calculate the anticipated reduction in value. 

 

The second step will be to appear before PARP at a date to be scheduled to make joint submission with BC Assessment Authority for a reduction in value of the 47 unit strata lots in the Jersey Building. 

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Next Steps

The Liquidator, property management company and strata council, among others, are currently working with the insurer to process the insurance claim resulting from the fire.  Once available, the owners will be provided with more information, including the insurer’s reconstructions and actual cash valuation assessments for Cameray Gardens. 

 

The Liquidator is currently in discussions with the commercial brokers to re-market Cameray Gardens for sale with the intention of securing another agreement to purchase Cameray Gardens on an “as is where is” basis.  It is the Liquidator’s intention to discuss the prospect of going back to market with the strata council members in due course.  Owners will be provided further information and updates on this process once available. 

 

If you have questions about this process, please email them to: cameray@lawsonlundell.com

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​Other Information

The Liquidator entered into a strata management agreement with Fraser Park Realty to provide ongoing 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). 

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Wind-Up 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

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

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

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Purchase and Sale Agreement

1. Purchase and Sale Agreement dated for reference December 7, 2022 (and addenda)

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Bellmont Claim Pleadings

1. Notice of Civil Claim, dated Dec 18, 2023;​

2. Response to Civil Claim, filed Dec 22, 2023;

3. Counterclaim, filed Dec 22, 2023;

4. Notice of Application, filed Jan 12, 2024;

5. Affidavit #1 of Jas King, filed Jan 12, 2024;

6. Affidavit #1 of Azadeh Samimi, filed January 26, 2024

7. Affidavit #1 of Alice Tsui made January 26 2024, filed January 26, 2024;

8. Application Response re Cancel CPL and Security for Costs, filed January 29, 2024;

9. Affidavit #1 of Kush Bhatia made January 29 2024, filed January 29, 2024;

10. Affidavit #1 of Jillian Sych, filed January 30, 2024;

11. Affidavit #1 of Marshall MacLeod, filed January 30, 2024;

12. Affidavit #1 of Derek Lai, filed January 30, 2024

13. Notice of Application, filed January 30, 2024;

14. Letter to Owners re Bellmont Matter, Feb 6, 2024;

15. Application Response re Summary Trial, filed February 23, 2024;

16. Affidavit #1 of Matthew Cheng, filed February 23, 2024;

17. Affidavit #1 of Michelle Child, made February 23, 2024;

18. Affidavit #2 of Alice Tsui, made February 22, 2024;

19. Affidavit #2 of Kush Bhatia, made February 23, 2024;

20. Reasons for Judgement of Crerar J., made January 31, 2024;​

21. Response to Counterclaim, filed May 17, 2024;

22. Notice of Application, filed Aug 1, 2024;

23. Affidavit #1 of T. Gohji, filed Aug 1, 2024;

24. Amended Counterclaim, filed Aug 2, 2024

25. Amended Response to Counterclaim, filed Aug 2, 2024;

26. Affidavit #2 of Jillian Sych, filed Aug 6, 2024;

27. Affidavit #1 of A. Samimi, filed Aug 7, 2024;

28. Affidavit #1 of Derek Lai, filed Aug 7, 2024;

29. Application Response, filed Aug 8, 2024;

30. Requisition, filed Aug 20, 2024;

31. Order, entered Aug 22, 2024;​​​

32. Notice of Application, filed Nov 25, 2024;

33. Affidavit #3 of Derek Lai, filed Nov 25, 2024;

33. Affidavit #3 of Azadeh Samimi, filed Nov 25, 2024;

34. Order Made After Application, filed Nov 25, 2024;

35. Affidavit #4 of Azadeh Samimi, filed Nov 28, 2024;

36. Requisition to Reset Hearing to Dec 2, 2024, filed Nov 28, 2024;

37. Order Made After Application, filed Dec 2, 2024;

38. Affidavit #3 of Azadeh Samimi, filed Dec 5, 2024;

39. Requisition to Reset Hearing to Jan 15, 2025, filed Jan 13, 2025;

40. Affidavit #5 of Azadeh Samimi, filed Jan 13, 2025

41. Order Made After Application, entered Jan 15, 2025;

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