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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.

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 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.

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.

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

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”).

The Bellmont Claim was resolved by agreement and a court order setting a new closing date for the PSA of November 26, 2024. A copy of the court order (and other filed material) can be found below under the heading “Bellmont Claim Pleadings”.

Closing

Lawson Lundell will be in touch with owners in late September 2024 to discuss the closing process. We will be sending out updates and closing packages to all owners. Please check your emails regularly.

We are cautiously optimistic that the deal will close as anticipated on November 26, 2024. However, as always and given the history of this site, we again urge owners not to enter into purchase agreements for new properties until sale proceeds are actually received in hand.

Finally, out of an abundance of caution: please contact us before renting out your unit. Also, just a reminder that if your unit is tenanted and you have not yet provided us with a copy of your current tenancy agreement, kindly do so as soon as possible.

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

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).

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

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;