A lawsuit has been filed by Quesnel-born Sikh businessman Satinder Paul
Singh Dhillon, 29, in The Supreme Court of British Columbia, alleging that
Re/Max's Abbotsford, B.C. affiliate, and the Sutton Group-Medallion Realty
from Surrey, B.C. conspired with several other Defendants to defraud the
Plaintiff. (Action No. S104801 New Westminster Registry). Individual
realtors named in the litigation, respectively representing the two firms,
are Mr. Ron Dulle of Abbotsford, B.C. and Mr. Bharat Panchal who resides in
Surrey, B.C.
The detailed eight-page Statement of Claim, along with hundreds of pages of
evidence and Exhibits, assert that commencing in 2001, the Defendants
assisted in fraudulently transferring a property (16676-84th St., Surrey,
B.C.), currently worth approximately $3 million to 635160 B.C. Ltd., in a
non-arm's length transaction.
The lawsuit filed on March 28, 2007 (Action No. S104801 New Westminster
Registry) consisted of a Writ of Summons, which was then followed by a
Statement of Claim filed on June 18, 2007. Dhillon claims firstly that he,
despite being a mortgage holder and being properly registered on title, was
not properly served. Furthermore, Dhillon asserts that Notices duly required
under B.C. law during foreclosure proceedings were not properly served,
prior to the date of the alleged improper transfer.
Other improprieties alleged in the lawsuit include negligence, breaches of
fiduciary duties and unlawful payment of "kickbacks". The claim clearly
outlined by Dhillon asserts that he placed a non-refundable cash deposit in
a solicitor's trust account, pursuant to a Supreme Court Order, as the
requisite next step in the course of acquiring the subject property.
Allegedly, no contact was made to notify Dhillon or his legal
representatives by the appropriate parties of the events which followed, as
alleged in the Statement of Claim.
Further details in the Statement of Claim allege that the British Columbia
Supreme Court was seriously misinformed in February 2002 by the Defendants
and others and the subject property was sold far below market value to a
non-arm's length party. The purchaser was a numbered company owned by Mr.
and Mrs. Corey Pannu, residents of Aldergrove, B.C., according to corporate
filings.
According to Court documents, the B.C. Supreme Court approved a purchase
agreement, wherein Dhillon was the purchaser, at a price which was 80
percent higher than the eventual conveyance price. "This fact in and of
itself raises a myriad of questions," Dhillon said.
"I have waited a long time to be able to finally present the truth in the
proper forum. I pursue this claim at some risk to myself and loved ones. In
this regard, the Abbotsford Police Department has already opened a file with
regards to threats of harm to me by those who would benefit by my silence,"
added Dhillon.
The Honourable Justice Burnyeat, a noted foreclosure expert in his career
as a lawyer, decided after a lengthy hearing on June 4, 2007, that the
"subdivision plan is to be approved by the City of Surrey no later than
August 1, 2007, subject to the ability of 635160 B.C. Ltd. to apply before
me for an extension ...".
Just one week later, on June 11, 2007, The Honourable Justice Groves
granted Dhillon the ability to pursue his claim and adjourned an application
brought on by some of the Defendants to have the claim dismissed. In a
10-page decision, Justice Groves noted "that the matter appears to be
complex ... but Dhillon represents himself, and he appears articulate and is
in Court with a large number of banker's boxes .... He (Dhillon) has, thus
far, vigorously defended ... the claims articulated by the defendants.
Specifically, he has responded to interrogatories with some close to 150
pages of response. He has responded to a notice of motion for removal of the
caveat and the certificate of pending litigation with some success in that
Justice Burnyeat has granted a form of security and of prohibition on sale
of the subdivided lands in question without further court order."
"The Court Order pronounced by Justice Burnyeat was very well formulated,"
said Dhillon. "It prevents the misappropriation of my equitable interest, if
any, while allowing the present registered owner the flexibility to enhance
any value by subdivision registration, and/or other means which ultimately
will fairly accrue to the rightful party or parties."
"The Presiding Judges seemingly want to let my case develop so that its
merits can be analyzed," he said.
The June 11 B.C. Supreme Court decision goes on to state it finds that
"there may be, on one reading, internal conflicts within the affidavits of
the defendants.
Dhillon, who again represented himself at the above noted hearings, stated
that it was a humbling and satisfying experience to have the Honourable
Court, once again, grant him the ability to pursue justice in this matter.
The recent flurry of court activity started with a ruling by Madam Justice
Brown on June 1, 2007, in part, setting this dispute down for a hearing on
June 4, 2007.
"I have been fortunate in my life as I have survived some extreme
difficulties ... and to be able to have my day in Court in this matter was
very important to me, my family and friends. This is a very personal matter
for me, as I have been endlessly questioned and even ridiculed by many
observers, as it was stated to me that the Defendants 'pulled a fast one'
over on me and the judicial system.
"Pursuing the truth and justice has come at a heavy personal cost and the
time lost could have been spent otherwise with loved ones. The agony caused
to me by the Defendants and other individuals penetrated deeply and only I
know what I have had to go through due to collateral financial events. The
domino effect of this protracted series of events has taken a real toll."
The Plaintiff is also seeking that the court award punitive, compensatory
and exemplary damages and costs against the Defendants. "We must not forget
that justice sometimes grinds slowly," said Dhillon.
Received on Wed Aug 08 2007 - 23:07:37 EDT
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