Case information
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39080
Gurdaver Singh Hothi v. Vito De Cotiis
(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) |
|---|---|---|
| 2020-07-31 | Close file on Leave | |
| 2020-07-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-07-10 | Judgment on leave sent to the parties | |
| 2020-07-09 |
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 CA45861, 2019 BCCA 472, dated December 23, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2020-06-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-06-04 | Certificate (on limitations to public access), (Letter Form) | Vito De Cotiis |
| 2020-05-22 | Respondent's response on the application for leave to appeal, (Book Form), Missing: Proof of Service (rec' 06/04/20), Form 23A (rec' 06/04/20), Completed on: 2020-06-08 | Vito De Cotiis |
| 2020-04-14 | Correspondence received from, (Letter Form), CA Order Form - May 1, 2020 | Gurdaver Singh Hothi |
| 2020-03-11 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 03/11/20 | |
| 2020-02-20 | Certificate (on limitations to public access), (Letter Form) | Gurdaver Singh Hothi |
| 2020-02-20 |
Application for leave to appeal, (Book Form), Missing: SIGNED copies of CA Reasons (rec'd 2020-03-13, SIGNED copies of TC Reasons (rec'd 2020-03-13) Proof of Service (rec' 03/04/20), Proof that Notice of Application was sent to the retired parties (rec' 03/04/20), CA Order (rec' 05/11/20), Completed on: 2020-05-21 |
Gurdaver Singh Hothi |
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 |
|---|---|---|
| Hothi, Gurdaver Singh | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| De Cotiis, Vito | Respondent | Active |
Counsel
Party: Hothi, Gurdaver Singh
Counsel
404 - 815 Hornby Street
Vancouver, British Columbia
V6Z 2E6
Telephone: (778) 836-6180
Email: barker@barkerlaw.ca
Party: De Cotiis, Vito
Counsel
Lindsay Burgess
2400-745 Thurlow Street
Vancouver, British Columbia
V6E 0C5
Telephone: (604) 643-7959
FAX: (604) 643-7900
Email: sgriffin@mccarthy.ca
Summary
Keywords
Agency — Apparent agency — Undisclosed principal — Whether an agency relationship involving an undisclosed principal can be inferred from a finding of implied actual authority.
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.
A property registered in the name of Mr. G. Hothi was sold to Mr. V. De Cotiis. The sale was negotiated and agreed to by Mr. P. Hothi, who was the head of a family business that included the buying and selling of real estate. Mr. G. Hothi held legal title to the property as the bare trustee for the benefit of the Hothi family, subject to the direction and control of Mr. P. Hothi, who was acting as the representative for the family. Mr. P. Hothi had entered into the agreement as agent for certain family members who were beneficial owners of the property under what was found at trial to be a resulting trust. However, Mr. P. Hothi denied the existence of a binding agreement of sale refused to close. Mr. De Cotiis began an action to enforce the contract for the purchase of the property against Mr. P. Hothi and Mr. G. Hothi. Mr. P. Hothi filed a second action against Mr. Batal and AHR for any damages payable as a result of the action launched by Mr. De Cotiis. Mr. G. Hothi also filed third party proceedings against Mr. P. Hothi. A fourth action was filed by Mr. Batal and AHR joining Mr. P. Hothi, Mr. G. Hothi and Ms. D. Hothi as fourth parties in the first action involving Mr. De Cotiis. The trial judge allowed Mr. De Cotiis’s action, ordering specific performance of the May 1, 2014 contract; dismissed Mr. P. Hothi and Mr. G. Hothi’s action against Mr. Batal and AHR; dismissed Mr. G. Hothi’s third party proceedings against Mr. P. Hothi; and dismissed Mr. Batal and AHR’s action joining the Hothi family as fourth parties. The Court of Appeal dismissed two appeals filed by Mr. P. Hothi and a further appeal filed by Mr. G. Hothi. Only Mr. G. Hothi’s action is now in issue.
Lower court rulings
Supreme Court of British Columbia
2018 BCSC 2271, S145068
Mr. De Cotiis’s action allowed and specific performance of the May 1, 2014 contract ordered; Mr. G. Hothi’s third party proceedings against Mr. P. Hothi dismissed; and all other claims dismissed
Court of Appeal for British Columbia (Vancouver)
2019 BCCA 472, CA45861
Two appeals filed by Mr. P. Hothi and a further appeal filed by Mr. G. Hothi dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
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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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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