British Columbia’s highest court rejects appeal by “dishonest” Concord Pacific, one of Canada’s largest property developers
BC Court of Appeal’s decision deals a knockout blow to Concord Pacific in long standing dispute over prized Vancouver waterfront property.
Vancouver, BC, Jan. 18, 2022 (GLOBE NEWSWIRE) -- VANCOUVER, BC – The BC Court of Appeal today rejected an appeal by Concord Pacific, one of Canada’s largest property developers, upholding an earlier judgement that its senior management were “egregiously dishonest.”
The judgment signals an end to the core of a long-standing legal dispute between Singapore-based Oei Hong Leong and Concord president, Terry Hui , one of BC’s most controversial developers.
The dispute was over a 4.16-hectare (10.28 acre) site known as the Plaza of Nations, which is one of the most valuable remaining developable pieces of waterfront property in downtown Vancouver, valued at over $800 million today.
The legal battle stems from a suit filed by Hui against Oei in 2015 for allegedly acting in bad faith and breaching an agreement to sell his Plaza of Nations project to Concord. After a lengthy court battle, in July 2019, then BC Supreme Court judge Mr. Justice Peter Voith dismissed the claim in its entirety, describing the evidence and conduct of Concord Pacific’s senior management as “problematic,” “unreliable” and “dishonest.”
He concluded that Concord had negotiated with Oei and his company in bad faith from the start. Concord Pacific appealed this decision saying it was “flawed”.
But a three-panel BC Court of Appeal in its 2-to-1 majority judgement summary today said that Justice Voith’s “findings are rooted in the evidence” presented during the trial.
Mr. Justice David C. Harris and Madam Justice Gail M. Dickson dismissed Concord’s appeal, while Madam Justice Sunni Stromberg-Stein dissented.
Oei’s vision for his Plaza of Nations land is a waterfront neighbourhood of terraced buildings of up to 30 storeys including a community centre, a child-care facility, and a gradual amphitheatre for cultural and performing art events.
It will also have 380 units of social housing, a seawall and extensive public spaces suitable for events and festivals, retail stores, restaurants, cafes and breweries, with a pedestrian bridge linking the area to the neighbouring Rogers Arena and BC Place Stadium.
The development project, called Expo Gardens, is in the final stages of permitting at Vancouver City Hall.
“I am glad that this abuse of process against me by a mega Canadian developer is coming to an end…The false allegations against me has been taken down blow by blow by the courts in BC,” said Oei, who hopes to start constructing his Expo Gardens this year.
"My biggest capital is integrity. With integrity people trust you. And the BC courts have upheld my integrity and for that I am grateful.
“Now I can build something iconic for Vancouver and give something back to this city I love,” he said.
Today’s BC Appeal court judgement follows a rare $5 million special costs award granted to Oei by Justice Voith in February 2021, after he found David Ju, Concord’s vice-president, had misled the court in the case.
Justice Voith also held Concord and its president, Terry Hui, responsible for providing incorrect information to the court.
That rare special costs award, which is pending another appeal by Concord, is among the highest ever awarded in Canada and sends a warning to litigants that the courts will not tolerate being misled with false claims.
“I plan to give this special cost award away to the those in the front lines of the battle against COVID-19 in Vancouver, should I be able to collect it,” he said.
CONTACT: Shawn Hall
604.619.7913
shawn@apogeepr.ca