canada real-estate damages british-columbia
(Canada, British Columbia) What Cause of Action(s) would be available in the Situation Below? Ways to Calculate Remedies In this Case?
<p>A Father (RE Agent, Broker, Owns Biz as RE Developer) is approached by his Daughter wanting to purchase Property for her to live in. An Agreement is eventually reached between the Father and Daughter and an Agreement/Contract is Made.</p>
<ul>
<li><p>The Father purchases property in 2014 for $120,000.00
<em>(7% Increased Value since being built in 05)</em></p>
</li>
<li><p>Daughter Pays Father Directly An Initial Down payment in the amount of $10,000.00</p>
</li>
<li><p>Daughter is Required To Make Timely Lump Sum Payments totaling $10,000.00 every 3 months.<br />
Payable to the Father. Tax and Interest Free.</p>
</li>
<li><p>The Father would keep his name in addition to his Daughters Name on the Title Until Such time
as the Principle had been Repaid, at which time His name would be removed, Leaving her with
Sole Ownership and Title to the Property.</p>
</li>
</ul>
<p><em>All Payments were made in accordance with the predetermined schedule.</em></p>
<ul>
<li>TOTAL MONEY PAID to Father $160,000.00</li>
</ul>
<p><em>September 2019</em>
Father Pays A Moving Crew to <em>Act</em> as a Court Approved Bailiff, including the use of a Fraudulent/Forged Document purporting to be a genuine Writ of Possession used this document to justify the Forcibly Gained Entry To Property and Completely Removed his Daughter And Her Fiancée Wrongfully from their Home along with their belongings.
The Reason this is mentioned, or thought to be relevant is the issue surrounding the several written &quot;threats&quot; made by the Father that had announced his intentions to so weeks before.</p>
<p>The Couple end uprooted, and with few options in the Market in their BC Town. The forced move cost dearly, as in addition to the costs associated with acquiring a new residence, re-establishing and restarting their business during the Lockdown- adding there had been costly mistakes on behalf of the movers damaging a considerable amount of their property for which was realted to their businessd.</p>
<p>There has been a pattern in previous circumstances, that follow much the same patterns of intimidation, and other types of behavior such as described here, on behalf of the Father.</p>
<p>In Decemeber 4th of 2020 The Father Sold the Home For $262,500.00</p>
<p>Todays Date: The Father has Not Paid or Provided any Such Monies To The Daughter.
Est. Value $307,000 in 2022</p>

<p>The daughter needs local legal representation.  Your presentation of facts says there was fraud, theft, breach of contract, and likely several torts.</p>
<p>Any remedy will be through the courts.</p>

<p>Assuming hypothetically that all the facts stated in the question are accurate, and that there are no relevant facts that modify them, it would appear that the Father (F) committed forgery (of court documents), trespass (by entering the property without legal authority or the permission of the lawful owner), breach of contract (by not honoring his obligation to transfer clear title when the price had been paid in full), and probably fraud (for lying to the movers to induce them to assist him in gaining a financial advantage). F is also in unlawful possession of the property. Forging the court documents may also be contempt of court, or another offense. The actions of F probably also constitute theft. The Daughter D would have a claim against F for trespass and improper and Unlawful dispossession. D could also report F for forgery and any other offenses committed, which might include criminal fraud. D probably also has a claim against the movers for damage due to negligence or carelessness.</p>
<p>The measure of D's claim against F would be the value of the property as of September 2019 F, probably plus statutory interest from that date. Additional incidental damages would probably also be included, but I don't think the later value of the property would be relevant.</p>
<p>All these claims would be subject to the <a href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12013_01" rel="nofollow noreferrer">BC statute of limitations ([SBC 2012] CHAPTER 13)</a> which would cause the claims to expire in September 2021. However, all such periods of limitation were paused for one year due to the COVID-19 pandemic (see <a href="https://cassels.com/insights/suspension-of-limitation-periods-set-to-end-in-british-columbia-on-march-25-2021/" rel="nofollow noreferrer">&quot;Suspension of Limitation Periods Set to End in British Columbia on March 25, 2021&quot;</a> which extends the period of limitation to September 2022. Moreover, Part 1 Division 3 section 1(b) of the Limitation Act provides that:</p>
<blockquote>
<p>(3) This Act does not apply to the following:</p>
<p>...</p>
<p>(b) a claim for possession of land if the person entitled to possession has been dispossessed in circumstances amounting to trespass;</p>
</blockquote>
<p>It might be possible to set aside the sale on the ground that F did not have, and therefore could not sell, good title to the property. A proper title search should have revealed that D had at least a co-ownership of the property, even if D's sole title was never registered. Any <em>bona-fife</em> purchaser would have noted this, and reused to proceed without evidence that F held sole title. (Of course such evidence might perhaps have been forged or otherwise invalid.)</p>
<p>D would be wise to <strong>promptly</strong> consult a lawyer and bring suit before any limitation period ends. Indeed D would have been wise to start action sooner than this. If the facts in the question are accurate and complete, D should have a good claim.</p>
