Case information
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40089
Concord Pacific Acquisitions Inc. v. Hong Leong Oei, 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) |
|---|---|---|
| 2024-01-26 | Close file on Leave | |
| 2022-08-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-08-18 | Judgment on leave sent to the parties | |
| 2022-08-18 |
Judgment of the Court on the application for leave to appeal, The motion to join two Court of Appeal for British Columbia files in a single application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA47294 and CA46314, 2022 BCCA 16, dated January 18, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-08-18 |
Decision on the miscellaneous motion, See decision on application Granted |
|
| 2022-07-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-07-18 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-05-18 |
Applicant's reply to respondent's argument, (Book Form), Missing; proof of service (Rec'd 2022-05-30), Completed on: 2022-06-09, (Printed version filed on 2022-05-19) |
Concord Pacific Acquisitions Inc. |
| 2022-05-09 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-05-10) | Hong Leong Oei |
| 2022-05-09 | Notice of name, (Letter Form), (Printed version filed on 2022-05-10) | Hong Kong Expo Holdings Ltd. |
| 2022-05-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-05-27, (Printed version filed on 2022-05-10) | Hong Leong Oei |
| 2022-04-20 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-04-20 | |
| 2022-03-18 | Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), Motion to join files, Completed on: 2022-05-27, (Printed version filed on 2022-03-21) | Concord Pacific Acquisitions Inc. |
| 2022-03-18 | Notice of name, (Letter Form), (Printed version filed on 2022-03-21) | Concord Pacific Acquisitions Inc. |
| 2022-03-18 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-03-21) | Concord Pacific Acquisitions Inc. |
| 2022-03-18 |
Application for leave to appeal, (Book Form), Required: CA order (rec'd 2022-04-21), Completed on: 2022-05-27, (Printed version filed on 2022-03-21) |
Concord Pacific Acquisitions 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 |
|---|---|---|
| Concord Pacific Acquisitions Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Oei, Hong Leong | Respondent | Active |
| Hong Kong Expo Holdings Ltd. | Respondent | Active |
| Canadian Metropolitan Properties Corporation | Respondent | Active |
Counsel
Party: Concord Pacific Acquisitions Inc.
Counsel
745 Thurlow Street
Suite 2400
Vancouver, British Columbia
V6E 0C5
Telephone: (604) 643-5983
FAX: (604) 643-7900
Email: ghall@mccarthy.ca
Party: Oei, Hong Leong
Counsel
Stephen R. Schachter, Q.C.
M. Caitlin Omaha-Darcus
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: inathanson@nst.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Hong Kong Expo Holdings Ltd.
Counsel
Stephen R. Schachter, Q.C.
M. Caitlin Omaha-Darcus
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: inathanson@nst.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Canadian Metropolitan Properties Corporation
Counsel
Stephen R. Schachter, Q.C.
M. Caitlin Omaha-Darcus
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: inathanson@nst.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Summary
Keywords
Contracts — Formation — How should courts determine the essential terms of a contract — Can the approach of the majority of the Court of Appeal to essential terms be reconciled with the principle that courts should make every effort to find a meaning in a contract?
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.
The parties intended to jointly develop real estate. As a preliminary step, they signed a two- page document entitled Heads of Agreement. Subsequent negotiations were unsuccessful. The Supreme Court of British Columbia held the Heads of Agreement is not binding or enforceable because it is missing essential terms. It dismissed a claim by Concord Pacific Acquisitions Inc. A majority of the Court of Appeal dismissed an appeal.
Lower court rulings
Supreme Court of British Columbia
2019 BCSC 1190, S158989
Action dismissed
Supreme Court of British Columbia
2019 BCSC 1190
Costs awarded
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 16, CA 47294, CA46314
Appeal 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
Not available
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
Not available
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
Not available