2022 BCSC 801

Over 35 plaintiffs brought a complex action against the defendant developer, Anderson Square, and its directors, for wrongful termination of their pre-sale agreements to purchase condominiums in a luxury 110 unit residential strata building in Richmond BC. Prior to trial, the plaintiffs sought a “Mareva” injunction freezing the assets of Anderson Square until the conclusion of the trial. The plaintiffs asserted that absent such an order, Anderson Square would be free to sell the units in the nearly completed building to other purchasers and distribute the profits of the development to its shareholders, leaving nothing to pay any potential monetary award to the plaintiffs at trial. Brent, as lead counsel, was successful in having the plaintiffs’ application dismissed in its entirety on the basis that, among other things, the plaintiffs had not established an arguable case on liability nor properly quantified their alleged losses.