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This website provides information about the wind-up and court ordered sale process of the Joyce Place Strata, Strata Plan LMS 992, with properties located at 3362-3376, 3378, 3380, 3382 and 3384 Vanness 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 July 7, 2021, the Owners, Strata Plan LMS 992 (“Joyce Place”) held a special general meeting to consider resolutions (the “Wind-Up Resolutions”) to wind-up Joyce Place and appoint Crowe MacKay & Company Ltd. (the “Liquidator”) as the liquidator of the strata pursuant to section 277 of the Strata Property Act.  The Wind-Up Resolutions passed, having received 52 votes in favour, representing 81.9% of the 63 strata units, and 11.5 votes against.

On September 2, 2021, the Owners, Strata Plan LMS 299, 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 April 19-20, 2022 before Justice Marzari.  

On October 19, 2022, Justice Marzari issued Reasons for Judgment in the Wind-Up Petition.  She granted all of the orders sought in the Wind-Up Petition, including confirmation of the wind-up of Joyce Place and confirmation of Crowe MacKay & Company Ltd. as the Liquidator for Joyce Place.  A copy of the entered court order confirming the wind-up of Joyce Place and the confirmation of Crowe MacKay & Company Ltd. as the Liquidator is available here.

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The appointment of the Liquidator is effective as of October 19, 2022, and the Liquidator now has authority over the affairs of Joyce Place.  As a practical matter, the Liquidator effectively takes over the role of the strata council.  The Liquidator will continue to employ Mr. Leo Chan of Dwell Property Management as the strata management company.  Owners should continue to contact Mr. Chan directly with issues related to Joyce Place at leo.chan@dwellproperty.ca.  The Liquidator also intends to continue working alongside with the strata council as it relates to the preservation and protection of Joyce Place and a successful sale of same.

Copies of the Petition, Orders, supporting affidavits and all other material filed with the court are available for download below. 

 

​Current Status

Justice Marzari’s Order, dated October 19, 2022, also approved the sale of Joyce Place to Intracorp Vanness Limited Partnership (“Intracorp”) pursuant to the terms of a Purchase and Sale Agreement dated January 11, 2021 (the “PSA”).

The PSA contains a subject condition, to the benefit of Intracorp, to obtain approval of a rezoning application from the City of Vancouver (the “Rezoning Application”).  The subject removal date for the Rezoning Application condition was set for January 4, 2024. However, due to administrative delays, the Rezoning Application could not be approved before the subject removal date.

On October 11, 2023, the Liquidator and Intracorp entered into an amendment to the PSA to extend the date to waive or fulfil the Rezoning Application condition until May 8, 2024 (the “Extension Amendment”).

On November 14, 2023, the Liquidator filed an application in the B.C. Supreme Court requesting approval of its decision to enter the Extension Amendment.

On December 4, 2023, Justice Wilkinson granted an order confirming the Liquidator’s decision to enter into the Extension Amendment and approving the extension to May 8, 2024.  A copy of the entered order approving the Extension Amendment can be found here.

Copies of the Liquidator’s application, supporting affidavits and all other material filed with the court are available for download below. 

 

Letters to Owners

  1. Notice to Owners (November 9, 2022)

  2. Letter to Owners (December 7, 2022)

  3. Letter to Owners (December 22, 2022)

  4. Letter to Owners (January 9, 2023)

  5. Letter to Owners (February 6, 2023)

  6. Letter to Owners (March 15, 2023)

  7. Letter to Owners (May 15, 2023)

  8. Letter to Owners (May 29, 2023)

  9. Letter to Owners (July 7, 2023)

  10. Letter to Owners (July 14, 2023)

Pleadings

  1. Petition, filed September 2, 2021

  2. Affidavit #1 of B. Muk, made September 1, 2021

  3. Affidavit #1 of H. Buck, made September 22, 2021

  4. Notice of Application, filed October 6, 2021

  5. Affidavit #1 of G.S. Hamilton, made October 6, 2021

  6. Response to Petition (Liquidator), filed October 27, 2021

  7. Affidavit #1 of D. Lai, made October 26, 2021

  8. Affidavit #1 of V. Hsu, made November 1, 2021

  9. Response to Petition (owner respondents), filed November 29, 2021

  10. Affidavit #1 of A. Sarab, made November 23, 2021

  11. Response to Petition (TD), filed November 26, 2021

  12. Affidavit #1 of K. Chan, made November 26, 2021

  13. Affidavit #1 of C. Wang, made November 26, 2021

  14. Affidavit #1 of D. Brackstone, made November 29, 2021

  15. Affidavit #1 of P. Hui, made December 6, 2021

  16. Affidavit #1 of M. Khodabakhsh, made December 6, 2021

  17. Response to Petition (First National Financial), filed December 15, 2021

  18. Amended Response to Petition (commercial owners), filed March 7, 2022

  19. Affidavit #1 of J. Yngson, made March 7, 2022

  20. Affidavit #2 of V. Hsu, made March 17, 2022

  21. Affidavit #2 of B. Muk, made March 25, 2022

  22. Affidavit #1 of C. Simpson, made March 28, 2022

  23. Affidavit #2 of K. Chan, made March 28, 2022

  24. Affidavit #1 of P. Law, made March 29, 2022

  25. Notice of Application, filed April 4, 2022

  26. Response to Petition (Intracorp Vanness Limited Partnership), filed April 7, 2022

  27. Affidavit #1 of T. Sandhu, made April 7, 2022

  28. Response to Petition (Blueshore), filed April 11, 2022

  29. Affidavit #1 of L. Steel, made April 11, 2022

  30. Application Response (Owners of Strata Plan LMS992), filed April 12, 2022

  31. Affidavit #3 of V. Hsu, made April 12, 2022

  32. Reasons for Judgment, dated October 19, 2022

  33. Notice of Application, filed November 14, 2023

  34. Affidavit #2 of Derek Lai, sworn November 8, 2023, filed November 14, 2023

  35. Affidavit #1 of Ashley Cheng, made November 9, 2023, filed November 14, 2023

 

Orders

  1. Order of Master Muir, made October 8, 2021

  2. Order of Justice Marzari, made October 19, 2022

  3. Order of Justice Riley, made November 2023

  4. Order of Justice Wilkinson, made December 4, 2023

Court Forms

  1. Application Response

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