Wind-Up and Sale of Spruce West Strata
This website provides information about the wind-up and court ordered sale process of the Spruce West Strata, Strata Plan VR 456, located at 1089 West 13th Avenue, Vancouver, B.C.
This page is for information purposes only and you should consult your professional adviser if you have any questions or are uncertain as to your rights or obligations.
Wind-Up Petition
On March 24, 2021, the Owners, Strata Plan VR 456 (“Spruce West”) held a special general meeting to consider resolutions (the “Wind-Up Resolutions”) to wind-up Spruce West, approve the purchase and sale agreement dated November 6, 2020 between Butterscotch Holdings Inc. and Spruce West (the “PSA”), and appoint Crowe MacKay & Company Ltd., represented by Mr. Derek Lai (the “Liquidator”), as the liquidator of the strata pursuant to section 277 of the Strata Property Act. The Wind-Up Resolutions passed, with a vote of 83.33% in support.
On June 17, 2021, the Owners, Strata Plan VR 456, commenced a petition in the B.C. Supreme Court seeking an order confirming the Wind-Up Resolutions (the “Wind-Up Petition”). The petition was heard on January 17-19, 2022 before Justice Matthews.
On March 30, 2022, Justice Matthews issued Reasons for Judgment in the Wind-Up Petition, granting all of the orders sought in the Wind-Up Petition, including confirmation of the wind-up of Spruce West, confirmation of Crowe MacKay & Company Ltd. as the Liquidator for Spruce West, and the approval of the PSA. A copy of Justice Matthews’ reasons for judgment and entered court order can be found below.
Liquidator’s Role
The appointment of the Liquidator is effective March 30, 2022. The Liquidator now has authority over the affairs of Spruce West though continues to engage the Administrator for general strata management issues as a cost savings measure. If the Administrator is unable to assist, owners should contact the Liquidator directly with issues related to Spruce West at sprucewest@crowemackay.ca. The Liquidator intends to continue working towards a successful sale of Spruce West.
Appeal
On April 29, 2022, James Mok and Michelle Mok appealed to the B.C. Court of Appeal the judgment of Justice Matthews dated March 30, 2022. The appellants filed their factum on July 28, 2022, and the respondents filed their factums on September 2, 2022. The appeal is set for a hearing on May 29, 2023.
Should you have any questions or concerns, below is the contact information for the Liquidator:
Crowe MacKay & Company Ltd.
Attn: Derek Lai
1100-1177 West Hastings Street
Vancouver, BC V6E 4T5
Pleadings
Orders