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.
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 Liquidator 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).
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The Liquidator also engaged the strata’s real estate agents (TRG Commercial, NAI, CBRE, Marshall Macleod and David Ho) to market Cameray Gardens for sale.
Following the marketing process, 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 was $61 million with a closing date in October 2023. By way of an addendum dated Febraury 23, 2023, the closing date of the PSA was changed to December 15, 2023.
On May 20, 2023, Cameray Gardens held a special general meeting for the purpose of considering a resolution tabled the Liquidator to approve the PSA pursuant to section 282 of the Strata Property Act. At the special general meeting, the resolution approving the PSA was passed unanimously by the 76 owners in attendance in person and by proxy.
On December 15, 2023, Bellmont failed to complete the PSA. 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”). Bellmont seeks to close the sale of Cameray Gardens on March 15, 2024 without any additional compensation to Cameray Gardens owners.
To date, only the Liquidator appears to have been served with the Bellmont Claim. Bellmont also filed certificates of pending litigation (“CPL”) on title to all the Cameray Gardens strata lots. If the presence of a CPL on your strata lot tile is causing you hardship, please contact the Liquidator.
On December 22, 2023, the Liquidator filed a Response to Civil Claim and a Counterclaim against Bellmont seeking a declaration the PSA was at an end and the forfeiture of the $3 million deposit paid by Bellmont under the PSA. On January 12, 2024, the Liquidator filed an application seeking to remove the CPLs filed by Bellmont and have Bellmont post security for costs for the Bellmont Claim. The Liquidator’s application to discharge the CPLs was dismissed on January 31, 2024.
On January 30, 2024, the Liquidator filed a summary trial application, seeking (among other things) a declaration that Bellmont breached the PSA, an order that the $3 million deposit be released to the Liquidator, and dismissal of the Bellmont Claim. The Liquidator has agreed to set down its summary trial application for a full-day hearing in June 2024. Hearing dates in June 2024 will become available for booking in early April 2024, through the court’s scheduling system.
The pleadings filed to date in the Bellmont Claim can be found below under the heading “Bellmont Claim”.
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
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;
Orders
1. Order of Master Muir, made May 13, 2022
2. Order of Justice Milman, made June 17, 2022