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.
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
Pleadings
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Response to Petition (owner respondents), filed November 29, 2021
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Response to Petition (First National Financial), filed December 15, 2021
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Amended Response to Petition (commercial owners), filed March 7, 2022
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Response to Petition (Intracorp Vanness Limited Partnership), filed April 7, 2022
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Application Response (Owners of Strata Plan LMS992), filed April 12, 2022
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Affidavit #2 of Derek Lai, sworn November 8, 2023, filed November 14, 2023
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Affidavit #1 of Ashley Cheng, made November 9, 2023, filed November 14, 2023
Orders
Court Forms