June 21–27, 2011
LAW 31
Business in Vancouver
Trouble LAWSUIT OF THE WEEK
Cadillac shipment to China goes awry A West Vancouver resident is suing Westport Motor Cars Ltd. and Todd Haley MacDonald for US$264,000 for a deal that allegedly saw the wrong Cadillac shipped to China. According to an April 15 B.C. Supreme Court notice of civil claim, Lu Zhong Xiao, also known as Jonathan Xiao, agreed to buy a 2009 Cadillac Escalade from Westport and have it shipped to China in October of 2009. Xiao has claimed that Westport not only agreed to sell the Cadillac to him, but also ship it and provide one of its agents in China to handle import and licence fees. MacDonald, the president of Westport, allegedly told Xiao that its agent in China was experienced at importing vehicles into China, and that Xiao would need to forward funds to the agent in order to complete the process. It is further alleged that Westport told Xiao it would reimburse him for any overpayment he made for the import and licence fees. Court documents allege that Xiao completed the transaction using cheques and a bank draft totalling US$264,000. After the deal was done, MacDonald told Xiao the Cadillac that was shipped to China had been transferred into the name of a government official from Pakistan, court documents allege. Xiao claims the transfer was not part of the original deal. He further claims that Westport shipped the wrong Cadillac, instead sending a 2008 Escalade to China instead of the model he allegedly paid for. Xiao is seeking US$264,000 for the transaction, damages for fraud and fraudulent misrepresentation, an accounting and punitive and exemplary damages. On May 20, Westport and MacDonald filed a response to the civil claim. According to the response, Westport denies that it intended to facilitate the importation and licensing of the vehicle. Westport claims it specifically told Xiao it could not facilitate the importation of the Cadillac, and instead introduced Xiao to another man, Wei Chu, who could refer Xiao to someone in China to facilitate the importation. Westport further alleges the 2009 model could not be imported into China as a “used” vehicle, so the company offered to obtain a 2008 vehicle for Xiao. Westport claims it and Xiao then altered the terms of the sale to provide a 2008 Escalade. The vehicle has since been delivered to China, and Westport has alleged that Xiao refuses to take possession of it. Westport claims there is no basis for Xiao’s breach of contract claim, and that he has not suffered any damages and the vehicle is ready for pickup.
Claim: $54,756 for debt owing under the subscription agreement for chauffeured transportation services. Defendants: Sturgis North Promotions (2011) Inc. and Sturgis North Entertainment Inc. and Sturgis North Promotions Inc. 115B–19705 Fraser Hwy., Langley Plaintiff: Warren McKay 1400–1125 Howe St., Vancouver Claim: $52,500 related to business manager services for a motorcycle festival to be held in Salmon Arm in 2011. Defendant: Regency Irrigation Ltd. Address unavailable Plaintiff: Oase North America, Inc. Box 49130, 2900–595 Burrard St., Vancouver Claim: US$52,016 for debt for water products. Defendant: Dun/Rite Performance Inc. 6–8100 Capstan Way, Richmond Plaintiff: Jaime Walton 2600–595 Burrard St., Vancouver Claim: $50,000 for breach of an agreement to conduct a full rebuild of marine engines; an order that the cover and propellers be returned to the plaintiff, or, damages for unjust enrichment. Defendants: Ellard Contracting Ltd. and Grant Gunnar Ellard aka Grant Ellard and Lana Irene Ellard aka Lana
Ellard 201–10300 10th St., Dawson Creek and Mile 294, 2818 Alaska Hwy., Fort Nelson Plaintiff: Bodkin Leasing Corp. 1200–805 W. Broadway, Vancouver Claim: $64,114 for debt arising from two leases. Defendant: Mercer Gold Corp. aka Mercer Gold (Nevada) Corp. aka Mercer Gold Corp. (US) Address unavailable Plaintiff: W.L. Macdonald Law Corp. aka Macdonald Tuskey Corporate and Securities 800–885 W. Georgia St., Vancouver Claim: $48,254 for debt for legal services. Defendants: Grace Residences Ltd. and James Schouw & Associates Inc. and Brendan James Schouw 460–2609 Granville St., Vancouver Plaintiff: BC Hydro and Power Authority 333 Dunsmuir St., Vancouver Claim: $38,448 for electricity debt, or, damages for unjust enrichment. Defendants: Qualifab Building Products Inc. and Ronald W. Zink 1600–925 W. Georgia St., Vancouver and 24169 McClure Dr., Maple Ridge Plaintiff: Business Development Bank of Canada Box 6, 200–505 Burrard St., Vancouver Claim: $36,826 against
Qualifab for debt; enforcement of the general security agreement; $27,619 against Zink as guarantor of 75% of the debt. Defendants: Queen’s Park Apartments Inc. 202–2232 W.41st Ave., Vancouver Plaintiff: PCM Pomeroy Construction and Maintenance Ltd.
330–522 Seventh St., New Westminster Claim: $34,642 for construction management services and labour; and a builder’s lien for $34,642. Defendant: Elvira McCleave 802–1068 Hornby St., Vancouver Plaintiff: Superb Internet Corp. 3200–650 W. Georgia St., Vancouver Claim: US$26,418 for debt due when a management services contract ceased, or, a declaration the defendant holds a constructive trust, or, interest in the Horby Street condominium; and a further declaration that Superb Internet has a property interest in the lands arising from a constructive trust, or, a resulting trust. Defendant: Duane Trenaman aka Jody Duane Trenaman coba The Chop Shop 27139 35th Ave., Langley Plaintiff: Zantonio Enterprises Ltd. 300–1497 Marine Dr., West Vancouver Claim: $25,117 for rent arrears. Defendants: Steam Genie Ventures Ltd. now known as Genie Flooring Ltd. and Christian Schumacher and HyoJung (Jenny) Cho Box 41117, 2529 Shaughnessy St., Port Coquitlam and 1804 Jacana Ave., Port Coquitlam Plaintiff: The TorontoDominion Bank 2500–700 W. Georgia St., Vancouver Claim: $21,105 for debt. Defendants: Jake Sarwal and Manjit Singh Jagpal and Baljit Kaur Jagpal
and Ranjit Kaur Bains and Rupninder Kaur Bains and Gurwinder Singh Bains Address unknown and 6629 127A St., Surrey and 10388 174 St., Surrey and 9379 159A St., Surrey Plaintiff: LTM Excavating & Contracting Ltd. 13839 89A Ave., Surrey Claim: $20,536 for a builder’s lien related to a demolition contract; and the amount outstanding in the contract. Defendants: 0889455 B.C. Ltd. and Village Lounge and Nightclub Inc. and Bradley Peter Baxter and Alan Goodall 301–2502 St. Johns St., Port Moody and 4–2173 Timberidge, Whistler and 2574 Cornwall Ave., Vancouver Plaintiff: S&M Partners dba Spark Electrical 217–4368 Main St., Whistler Claim: $16,318 for electrical work. Defendants: Tsai H. Mah and KM Autobody Repair Ltd. 6707 Argyle St., Vancouver and 4854 Victoria Dr., Vancouver Plaintiff: Franklyn H. Smith 705–810 St. Andrews St., New Westminster Claim: Damages for an automobile collision. Defendants: Jonathan Cheung and May Cheung and Openroad Auto Group Ltd. 6910 Merritt Ave., Burnaby Plaintiff: DCH Motors Ltd. 4211 No. 3 Rd., Richmond Claim: A declaration the mortgage is void as a result of fraud; and orders. Defendant: Yongyu Zhang Room 01, 61F, B3 Building,
Huijin Garden, Chenghai, Shantou Guang Dong, China Plaintiff: Onni Development (Flo) Corp. Box 49130, 2900-595 Burrard St. Vancouver Claim: A declaration the plaintiff is discharged from further performance of the contract, arising from breach of a purchase contract, which resulted in the plaintiff selling the property for reduced value; a declaration the plaintiff is entitled to the deposit; a declaration that the deposit is absolutely forfeited to the plaintiff on account of damages; and damages. Defendants: SSBV Consultants Inc. and Pacific Liaicon and Associates Inc. 1200–200 Burrard St., Vancouver and 1600–925 W. Georgia St., Vancouver Plaintiff: Greater Vancouver Water District 1200–925 W. Georgia St., Vancouver Claim: Damages for breach of a contract for the design of a filtration plant. Defendants: South Coast British Columbia Transportation Authority dba TransLink and John Doe 1600–4720 Kingsway, Burnaby and address unknown Plaintiff: Saeid Sadraei 601–815 Hornby St., Vancouver Claim: Damages for injuries suffered when Doe negligently opened a door and struck the plaintiff at Burrard Station; the value of care provided by relatives and others; and health care costs.
2011 ICBC Commuter Challenge Congratulations and thank you to all participants and sponsors for your commitment to sustainable transportation. Top Workplaces for Participation and Distance Travelled 1 to 25 Employees
An evening full of Fun, Food & Fundraising
26 to 100 Employees 1. Miller Thomson LLP 2. Pottinger Gaherty Environmental Consultants 3, David Nairne + Associates Ltd.
Project Empty Bowl
1. Salt Spring Coffee-Tsawwassen 2. Salt Spring Coffee-Viking Roasting Facility 3. Dr. Sun Yat-Sen Classical Chinese Garden
101 to 250 Employees 1. Port Metro Vancouver 2. Mountain Equipment Co-op Head Office 3. Arc’teryx 3. Citizenship and Immigration Canada 251 to 500 Employees 1. Davis LLP 2. Transport Canada 3. Maxxam Analytics
500+ Employees 1. ICBC 2. Vancouver Public Library 3. Canada Revenue Agency Thank you to sponsors: The Bike Doctor Icebreaker TransLink Salt Spring Coffee Co. Steve Nash Fitness Centres Business in Vancouver
presented by Coast Capital Savings
Thursday July 7, 2011 6:30PM at the Coast Coal Harbour Hotel Tickets: $85 if purchased before June 24, 2011 $100 if purchased after June 24, 2011 Tickets on sale now at www.alovingspoonful.org or you can call 604-682-6325 to purchase by phone Visa/MC/AMEX accepted Email: PEB@alovingspoonful.org More info at www.alovingspoonful.org