Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33280
Sharbern Holding Inc. v. Vancouver Airport Centre Ltd., et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-04-24 | Appeal closed | |
| 2011-12-02 | Discontinuance of the bill of costs, SETTLEMENT between parties | Vancouver Airport Centre Ltd. |
| 2011-11-25 | Reply to the bill of costs, cc. G.B. Gomery, Q.C., Completed on: 2011-11-25 | Vancouver Airport Centre Ltd. |
| 2011-11-21 | Response to the bill of costs, (bookform), Completed on: 2011-11-21 | Sharbern Holding Inc. |
| 2011-11-10 | Bill of costs, (bookform), Completed on: 2011-11-10 | Vancouver Airport Centre Ltd. |
| 2011-05-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-05-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-05-11 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA35402, 2009 BCCA 224, dated May 22, 2009, heard on October 6, 2010, is dismissed. The respondents are entitled to costs in this Court. Dismissed, with costs |
|
| 2010-10-26 | Transcript received, (59 pages) | |
| 2010-10-06 | Judgment reserved OR rendered with reasons to follow | |
| 2010-10-06 | Respondent's condensed book, submitted in Court (14 copies) | Vancouver Airport Centre Ltd. |
| 2010-10-06 | Appellant's condensed book, submitted in Court (14 copies) | Sharbern Holding Inc. |
| 2010-10-06 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2010-10-06 |
Hearing of the appeal, 2010-10-06, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-09-22 | Notice of appearance, Peter A. Gall, Q.C., Donald R. Munroe, Q.C., M. Ali Lakhani and Edward Iacobucci will be present at the hearing | Vancouver Airport Centre Ltd. |
| 2010-08-06 | Reply factum on appeal, New CD Rom rec'd Aug. 9, 2010, Completed on: 2010-08-06 | Sharbern Holding Inc. |
| 2010-08-03 | Order on motion to file a reply factum on appeal | |
| 2010-08-03 |
Decision on the motion to file a reply factum on appeal, by the appellant, within ten days of the date if this order, De Granted |
|
| 2010-08-03 | Submission of motion to file a reply factum on appeal, De | |
| 2010-07-29 | Response to motion to file a reply factum on appeal, (Letter Form), from Peter A. Gall, Q.C. dated July 26/10 (included in motion book), Completed on: 2010-07-29 | Vancouver Airport Centre Ltd. |
| 2010-07-29 | Motion to file a reply factum on appeal, to paragraph 110 to 117 in the respondents' factum (bookform) (Fee missing-rec'd Aug. 23, 2010), Completed on: 2010-08-23 | Sharbern Holding Inc. |
| 2010-07-22 | Order on motion to strike out, (BY DESCHAMPS J.) | |
| 2010-07-22 |
Decision on motion to strike out, De, The appellant’s motion for an order striking the last sentence of paragraph 101 and paragraphs 110 to 117 under the heading “There was no relevant fiduciary duty” from the Respondents’ factum is dismissed with costs. Dismissed, with costs |
|
| 2010-07-22 | Submission of motion to strike out, De | |
| 2010-07-13 | Notice of appearance, Stephen Schachter and Geoffrey Gomery will be present at the hearing. | Sharbern Holding Inc. |
| 2010-07-05 | Notice of hearing sent to parties | |
| 2010-07-05 |
Appeal hearing scheduled, 2010-10-06, (start time 9:30 a.m.) Judgment reserved |
|
| 2010-06-17 | Reply to motion to strike out, (bookform), Completed on: 2010-06-17 | Sharbern Holding Inc. |
| 2010-06-11 | Response to motion to strike out, (bookform), Completed on: 2010-06-11 | Vancouver Airport Centre Ltd. |
| 2010-06-11 | Supplemental document, Vol. 1 and 2 of Supplemental Record of the Respondents, Completed on: 2010-06-11 | Vancouver Airport Centre Ltd. |
| 2010-06-02 | Motion to strike out, the last sentence of paragraph 101 and paragraphs 110 to 117 from the respondents' factum (bookform), Completed on: 2010-06-02 | Sharbern Holding Inc. |
| 2010-05-20 | Appeal perfected for hearing | |
| 2010-05-18 | Notice of change of counsel, from Heenan Blaikie re: Heenan Blaikie is now representing the respondent in the place of Hordo & Bennett - Heenan Blaikie is also acting as agent in the place of Gowling | Vancouver Airport Centre Ltd. |
| 2010-05-18 | Respondent's record, Vol. 1 to 36 and CD to follow - Rec'd on May 26, 2010, Completed on: 2010-05-26 | Vancouver Airport Centre Ltd. |
| 2010-05-18 | Respondent's book of authorities, CD to follow - Rec'd on May 26, 2010, Completed on: 2010-05-26 | Vancouver Airport Centre Ltd. |
| 2010-05-18 | Respondent's factum, CD to follow - rec'd on May 26 2010, Completed on: 2010-05-26 | Vancouver Airport Centre Ltd. |
| 2010-03-25 | Appellant's book of authorities, Completed on: 2010-03-25 | Sharbern Holding Inc. |
| 2010-03-25 | Appellant's record, (3 volumes), Completed on: 2010-03-25 | Sharbern Holding Inc. |
| 2010-03-25 | Appellant's factum, Completed on: 2010-03-25 | Sharbern Holding Inc. |
| 2010-01-11 | Notice of appeal, (CD-Rom missing - rec'd Jan. 20/10), Completed on: 2010-01-21 | Sharbern Holding Inc. |
| 2010-01-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2009-12-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-12-18 | Judgment on leave sent to the parties | |
| 2009-12-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA35402, 2009 BCCA 224, dated May 22, 2009, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2009-11-02 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-09-16 | Applicant's reply to respondent's argument, Completed on: 2009-09-16 | Sharbern Holding Inc. |
| 2009-09-11 | Respondent's response on the application for leave to appeal, Completed on: 2009-09-11 | Vancouver Airport Centre Ltd. |
| 2009-08-19 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-08-17 | Book of authorities | Sharbern Holding Inc. |
| 2009-08-17 | Application for leave to appeal, Missing final C/A order (rec'd Sept.22-09) (3 volumes), Completed on: 2009-08-17 | Sharbern Holding Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Sharbern Holding Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Vancouver Airport Centre Ltd. | Respondent | Active |
| Larco Hospitality Management Inc., MM&R Valuation Services Inc. doing business as HVS International - Canada and HVS International - Canada | Respondent | Active |
Counsel
Party: Sharbern Holding Inc.
Counsel
Geoffrey B. Gomery
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: sschachter@nst.bc.ca
Agent
1500 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: sgomery@ogilvyrenault.com
Party: Vancouver Airport Centre Ltd.
Counsel
Donald R. Munroe, Q.C.
Edward Iacobucci
Ali Lakhani
2200 - 1055 Hastings Street West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 891-1152
FAX: (866) 287-6553
Email: PGall@Heenan.ca
Agent
55, rue Metcalfe
bureau 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 236-9632
Email: jphachey@heenan.ca
Party: Larco Hospitality Management Inc., MM&R Valuation Services Inc. doing business as HVS International - Canada and HVS International - Canada
Counsel
Donald R. Munroe, Q.C.
Edward Iacobucci
Ali Lakhani
2200 - 1055 Hastings Street West
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 891-1152
FAX: (866) 287-6553
Email: PGall@Heenan.ca
Agent
55, rue Metcalfe
bureau 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 236-9632
Email: jphachey@heenan.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Commercial law - Securities - Disclosure - Prospectus - Conflict of interest - To what extent must conflicts of interest be disclosed in fulfilment of the obligation to make “full, true and plain” disclosure of material facts? - What is the proper inquiry into materiality? - Whether the Court of Appeal erred in overturning the trial judge’s finding of liability for misrepresentation - Whether the Court of Appeal erred in overturning the trial judge’s finding of liability for breach of fiduciary duty - Whether the Court of Appeal erred in overturning the trial judge’s conclusion that deemed reliance under the Real Estate Act, R.S.B.C. 1996, c. 397, by investors on misrepresentations cannot be rebutted.
The Respondent Vancouver Airport Centre Ltd. (VAC) opened a number of hotels near the Vancouver airport and marketed strata units in them through a prospectus. The Appellant Sharbern was a purchaser in the Hilton Hotel. Sharbern sued, alleging statutory and common law claims that the prospectus contained “material false statements” concerning the financial projections of the project and did not include information with respect to a conflict alleged to arise because of VAC’s development and management of the near-by Marriott Hotel. Both hotels were to be physically identical, have identical amenities and operate side-by-side in direct competition with each other. The financial arrangements put in place for the Marriott, however, were alleged to have significant advantages which were not disclosed in the prospectus. Sharbern contended that VAC owed the investors in the Hilton Hotel a fiduciary duty and its management of other hotels in the area created a conflict which violated its fiduciary obligations. The claim was certified pursuant to the Class Proceedings Act, R.S.B.C. 1996, c. 50, as a class action on behalf of the investors in the Hilton Hotel.
Lower court rulings
Supreme Court of British Columbia
S033260, 2007 BCSC 1262
Finding of negligent misrepresentation by VAC (with respect of conflict of intrest) which violated fiduciary duties owed to class.
Court of Appeal for British Columbia (Vancouver)
CA35402, 2009 BCCA 224
Allowed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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