20 Law
Daily business news at www.biv.com August 9–15, 2011
Trouble business presence in British Columbia . In addition to alleging that Shantz wired $1.2 million to bank accounts in Spain, the notice states that he also used investors’ funds for personal purposes such as cash withdrawals of approximately $172,000, depositing $35,000 into his personal bank account and spending at least $2,600 on personal expenses. These allegations have not been proven.
BUYER’S ALERT Companies listed below,
which are not members of the Better Business Bureau, have failed to respond, as of July 29, 2011, to Better Business Bureau of Mainland B.C.’s efforts to mediate complaints from July 18 to July 22, 2011. In some instances, the company may have taken care of the complaint and considered the matter closed, or may believe the complaint is unjustified; however, if the BBB has not received a response, records cannot reveal either position. Please note that BBB members must respond to customer complaints that are brought to their attention. Source: BBB. 604-Rubbish, Burnaby Able Glass Ltd., Burnaby BM Truck Sales Ltd., Surrey Bugden Audio, Kamloops Canada China Air Express Inc., Richmond Canadian Massaging Chairs, Langley Cantex, Burnaby Condoor Contracting Inc., Port Coquitlam D&L Plumbing & Heating Ltd., Langley Dave’s Flashing, Vancouver Delta Cable Communications Ltd., Delta Direct Survey Solutions, Vancouver Doall Services Ltd., Vancouver Done Right Solutions Ltd., Vancouver dvdlink.ca, Surrey Executive Hotel Harrison Hot Springs, Harrison Hot Springs Furniture Direct Sales, Vancouver Galaxy Mobile Storage Inc., Vancouver Great Canadian Oil Change Ltd., Coquitlam Greenline Pharmacy, Vancouver Heiltsuk freight Agency, Port Coquitlam Imperial Hotel Management College, Vancouver International Moves Ltd., New Westminster Khan’s General Automotive & Repair Ltd., Richmond Look Out Landscaping Ltd., Kamloops Newport Vacuums Inc., Port Moody Nomorerack Retail Group, Vancouver Our Little Secret Corp., Vancouver Pacific Sunrooms Only Mfg Inc., Langley Peoples Card Services, Vancouver Riverside Golf Centres Ltd., Vancouver Roto Rooter Plumbing Service, Port Coquitlam Shaw Cablesystems GP,
Vancouver Sleep Centre, Surrey Slim Force 7, Vancouver Solace Homeworks, Burnaby Stock Market Magic, Vancouver Studio Trends Hair & Tanning Ltd., Surrey Swoopo Entertainment Shopping Inc., Vancouver Tabi International, Kelowna The Handymen, Kelowna The Source By Circuit City, Burnaby The Spy Store, Vancouver Tire Capital, Prince George Toms & Merritt Towing Ltd., Merritt Tubmasters, Port Coquitlam Village Hair, Langley Win’s Holiday (Canada) Ltd., Richmond The following companies have responded to the BBB subsequent to being published: Chateau Homes, Richmond Jensen Appliance Services, Kelowna Valley Mobile Mechanic, West Kelowna
Who’s Getting Sued These corporate writs were
filed with the B.C. Supreme Court registry in Vancouver. Information is derived from notices of civil claim. Civil claims have yet to be proven in court. Defendant: Chartis Insurance Co. of Canada 1100–666 Burrard St., Vancouver Plaintiff: Gateway Casinos & Entertainment Ltd. 300–4621 Canada Way, Burnaby Claim: $798,358 for indemnity under an insurance policy related to a fire and business interruption. Defendants: James Holland and 0746120 B.C. Ltd. and 0801753 B.C. Ltd. Address unavailable and 600–1090 W. Georgia St., Vancouver Plaintiff: Transportaction Lease Systems Inc. 250–4011 Viking Way, Richmond Claim: $633,112 for vehicle leases; a declaration Holland and 0746120 are in breach of leases with Transportaction for four vehicles; a declaration that 0801753 is in breach of its guarantee and general security agreement with Transportaction; an order that Holland and 0746120 pay $31,805 and that 0801753 pay $601,307; a declaration that Transportaction has an interest in the Nelson Street property; and damages. Defendant: Endurance Wind Power Inc. Box 49314, 2600–595 Burrard St., Vancouver Plaintiff: Énergie PGE Inc. 117 av. De Gaspé Ouest, Saint-Jean-Port-Joli, QC Claim: $500,000 for breach of a contract for the sale of intellectual property relating to the design of wind turbines. Defendants: Aly B. Mawji
aka Ali Mawji and Yasmin Babu Husein Mawji 627 Kenwood Rd., West Vancouver and 624 Chapman Ave., Coquitlam Plaintiff: Couillard Developments Ltd. 40250 Township Rd. 250, Calgary Claim: US$335,000 and $35,000 for a property sale agreement; a declaration the properties are owned by the defendants related to the advancement of monies for the upgrade and sale of the properties; a declaration proceeds from any sale of the properties is held in a constructive trust; and damages. Defendant: Alchem International Inc. 1260–4871 Shell Rd., Richmond Plaintiffs: On On Wong and Shan Shan Wong 1010–1030 W. Georgia St., Vancouver Claim: $250,000 for a guarantee agreement related to credit accommodations; and damages. Defendants: Coast Marine Services Inc. and Katzie Coast Marine Services Inc. 208–1899 Willingdon Ave., Burnaby and 10946 Katzie Rd., Pitt Meadows Plaintiff: 4Refuel Canada LP 215–9440 202nd St., Langley Claim: $179,275 for debt related to equipment and refuelling products. Defendants: Microline Veneer & Forest Products Corp. and Eagle River Industries Inc. and Eagle Wood Fiber Inc. 4872A Lybarger Rs., Malakwa, B.C. Plaintiff: Clay Anderson 200–879 Marine Dr., North Vancouver Claim: $156,713 for engineering services related to a pellet plant; and a builder’s lien for $156,713. Defendants: Norman Porter and Katsura Holdings Ltd. and 0751931 B.C. Ltd. and Ed Geortzen and Konrad Goertzen 265–21320 Gordon Way, Richmond and Box 49130, 2900–595 Burrard St., Vancouver and 500–5811 Cooney Rd., Richmond and 4301 40th St., Delta Plaintiff: 662347 B.C. Ltd. 800–885 W. Georgia St., Vancouver Claim: $128,833 against Porter, Katsura, Ed Goertzen and Konrad Goertzen, arising from a breached cost-sharing agreement for the construction of certain works including a new water main in Surrey, or, damages. Defendants: Envision Building Solutions Inc. and Harald Strehlau and Maojin Liu 19375 96th Ave., Surrey and 1029–4710 Kingsway, Burnaby Plaintiff: Cascadia Metals Ltd. 7630 Berg Rd., Delta Claim: $125,391 for debt
related to goods and services. Defendants: Win Sun Produce Co. Ltd. and Helen Wu Addresses unavailable Plaintiff: Northwest Leaseholds Ltd. 302–543 Granville St., Vancouver Claim: $105,401 for rent. Defendants: Amir Behzad Shoolestani 750 North Boundary Rd., Burnaby Defendant: Canada Construction Lifts (2009) Ltd. 1290–12599 Vickers Way, Richmond Plaintiffs: Specialized Engineered Products Ltd. and SEP Products Group Ltd. Box 32013, RPO Walnut Grove, B.C. Claim: $85,555 for construction hoists related to the Port Mann Bridge project; and damages for breach of the elevators agreement and truss supply agreement. Defendants: Black Rock Oceanfront Resort Inc. and Amarjit Baines and Michael Duggan and David John Ehrhardt and Lombard General Insurance Co. of Canada 1000–840 Howe St., Vancouver and 701–117655 66A Ave., Surrey and 9845 Eastside Rd., Vernon and 5439 Buckingham Ave., Burnaby Plaintiff: Gail Davies 939 Calverhall St., North Vancouver Claim: $53,800 for the deposits, arising from a breached purchase agreement for a strata lot; damages; a declaration the purchase agreement is void, illegal, contrary to public policy and not enforceable. Defendant: Can-Pacific Farms Inc. 4586 176th St., Surrey Plaintiff: Norampac Inc. 3300 Viking Way, Richmond Claim: $46,580 for debt related to pallet charges and packaging products. Defendant: Coast Hotels Ltd. 800–885 W. Georgia St., Vancouver Plaintiff: Clean–Rite Drycleaners Corp. 1700–1075 W. Georgia St., Vancouver Claim: $43,867 for dry cleaning and laundry services at Coast Plaza Hotel & Suites, or, damages. Defendant: Marilyn Ruth Everett Box 452, Garibaldi Highlands, B.C. Plaintiff: Robert Forsyth and Robert Forsyth dba Conan Contracting Ltd. (BC0723025) Box 3453, Garibaldi Highlands Claim: $19,940 for labour and supplies, or, damages. Defendants: John Doe 1 aka
Lawsuit of the week
Richmond yacht found in Colombia after deal goes south A retired Vancouver engineer and his holding company have filed suit against a B.C. man for absconding with a yacht after a deal to sell the vessel went awry. According to a June 13 B.C. Supreme Court notice of civil claim, Wolfgang Schmidt and 0345269 B.C. Ltd. (formerly Can-Sea Productions) used a third party to enter into an agreement to sell the Atlantis V for $115,000. Schmidt, who allegedly suffered a stroke in 2004, engaged shipbroker Bernie Teng to act as his agent in the deal. In June 2010, the defendant, Philip John Stirling, expressed an interest in the yacht. In the course of discussions, Stirling said he was willing to take out a mortgage on a property he owned in Chase, B.C. as a security for the purchase price for the vessel. Stirling, it is alleged, claimed the Chase property was worth approximately $1.25 million. Court documents claim the parties entered an agreement to transfer ownership of the vessel in June, and a few weeks later Stirling started living on the Atlantis V, which was moored in Richmond. Schmidt claims the deal did not allow for Stirling to live on the boat at that time, and in the following weeks the plaintiffs allegedly took steps to have the defendant removed from the vessel, going as far as requesting assistance from the Royal Canadian Mounted Police. In August of 2010, Stirling allegedly claimed he would no longer buy the vessel under the original terms of the agreement, instead offering $110,000 for the vessel with a deposit of $5,000. The plaintiff claims he was induced to sign the amended deal, and a few weeks later Stirling sailed the Atlantis V from its Richmond marina. Schmidt further claims the Chase property was only worth $400,000. Earlier this year, Schmidt learned through his broker that the Atlantis V was allegedly being offered for sale through another broker in Florida, and that the vessel was moored in Cartagena, Colombia. In May, the defendant allegedly caused the mortgage to be registered against the Chase property. Afterward, the plaintiff allegedly learned the property was “so encumbered by financial charges … that the mortgage was, and remains, completely valueless.” Schmidt is seeking a declaration that his numbered business is the sole owner of the vessel, and that he is the sole owner of his numbered business. The plaintiff is also seeking an order to rescind the sale agreement, and another for Stirling to deliver the Atlantis V to him. Finally, the plaintiff seeks damages for conversion. A notice of response had not been filed by press time.
WhattheF and John Doe 2 aka Beachman and John Doe 3 aka Clchan Addresses unavailable Plaintiffs: Augen Gold Corp. and David Mason 20th floor, 250 Howe St., Vancouver Claim: Damages arising from defamatory postings on stockhouse.com’s Augen Bullboard; and an injunction. Defendant: Chateau Landmark Apartments Ltd. 410–1770 W. 7th Ave., Vancouver Plaintiff: 2225 Triumph Apartments Ltd. 1800–1095 W. Pender St., Vancouver Claim: A declaration Chateau has breached the property contract, related to incomplete re-roofing and other work, or, that Chateau’s conduct amounts to an anticipatory breach of the contract; and damages.
Defendant: VSA Highway Maintenance Ltd. Fourth floor, 3201 30th ave., Vernon Plaintiff: Her Majesty the Queen in right of the Province of British Columbia Address unavailable Claim: The proportion of health-care costs associated with VSA’s contribution to Yan Li’s injuries, arising from a vehicle collision on Highway No. 5. Defendants: Kenneth Darcy Campbell dba Back in the Saddle Again Horse Guiding and Cynthia Doe 3067 202nd St., Langley and address unavailable Plaintiff: Sandra Starrett 1395 E. 18th St., North Vancouver Claim: Damages arising from injuries suffered when the plaintiff was mounting a horse and fell off; an in-trust award for family members who provided services as the result of