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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.

On September 2, 2021, the Owners, Strata Plan LMS 992, commenced a petition in the B.C. Supreme Court seeking an order confirming the Wind-Up Resolutions (the “Wind-Up Petition”). On October 19, 2022, Justice Marzari issued Reasons for Judgment in the Wind-Up Petition granting all of the orders sought, including confirmation of the wind-up of Joyce Place, confirmation of Crowe MacKay & Company Ltd. as the Liquidator for Joyce Place and approval of 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 was amended a number of times resulting in the extension of the completion date to September 9, 2024.

Copies of the Petition, Orders, supporting affidavits and all other material in the Wind-Up Petition are available for download at the links below under the heading Wind-Up Petition.

Current Status/Sale to Intracorp

On September 9, 2024, the windup and sale of the Joyce Place lands to Intracorp completed (and notice of registration has now been issued by the Land Title Office). All owners have picked up, or made arrangements to receive, their share of the sale proceeds in accordance with their individual vendor’s statements of adjustments and trust reconciliation.

However, at closing Intracorp disputed its liability to pay the purchase price adjustment (“PPA”) as set out in Schedule ‘G’ of the PSA and did not pay that sum on closing. Further, Intracorp alleges that the Joyce Place Strata was in breach of the PSA for failing to maintain the buildings adequately. Specifically, asserted that the fire alarm system was not working and that the eight townhouses were in disrepair and subject to a by-law prosecution by the City of Vancouver.

On September 9, 2024, Intracorp commenced a civil claim against the Joyce Place Strata and the Liquidator for the alleged breaches of the PSA (the “Intracorp Claim”). Intracorp also obtained a court order that the Liquidator must hold in trust at least $525,000 of the Joyce Place Strata special levy funds as security for the Intracorp claim pending further court order or an agreement between the parties. As a result, a significant portion of the strata levy funds continue to be held back in the trust account of Lawson Lundell LLP pending further direction of the Court.

Copies of the Intracorp Claim. Affidavit material and the court order are available for download at the links below under the heading Intracorp Claim.

Liquidator’s Application for Directions

The Liquidator filed an application in the Wind-Up Petition seeking leave of the Court to defend the claim by Intracorp, to pursue legal proceedings by way of counterclaim against Intracorp for its failure to pay the PPA to owners and to address the use of the Joyce Place Strata funds that remain with the Liquidator. That application was heard and granted by Justice Francis on October 4, 2024. A copy of the entered court order is available for download at the links below under the heading Wind-Up Petition at item #45.

The Liquidator will be filing a Response to Civil Claim in the Intracorp Claim and a counterclaim seeking payment of the purchase price adjustment. Once those pleadings are filed, they will be posted to this website.

PSA Density Bonus

Schedule ‘F’ of the PSA provides for the possible payment of a Density Bonus. Under the PSA, the Density Bonus, if any, would be payable at the time of the “Construction Commencement Date”, should Intracorp demolish and redevelop within the next 5 years. As a result, the Density Bonus is not immediately payable. The Density Bonus is contingent upon a series of future events, such as Intracorp obtaining its permits from City of Vancouver, etc.

Former Joyce Place Strata owners may have a future claim for the Density Bonus if Intracorp does proceed with redevelopment. In completing the closing, the Liquidator explicitly reserved the rights of the owners to pursue Intracorp for both the PPA and the Density Bonus in future, should one become payable.

Contact Details

As a result of the completion of the sale under the PSA and the transfer of the Joyce Place Strata lands to Intracorp, the Joyce Place Strata was dissolved and no longer exists. The strata property management services of Dwell Property Management Ltd. (Leo Chan) came to an end. For any and all building related issues, occupants of Joyce Place should contact:

Annarita Ndwiga
Atira Property Management Inc.
Email: Annarita_Ndwiga@atira.ca

Please notify the Liquidator if your email or mailing address changes in future, so that you can be provided with relevant updates on matters such as the Intracorp Claim, the payment of the PPA and the eligibility and payment of the Density Bonus.

Should you have any questions or concerns, the Liquidator’s contact information is:

Crowe MacKay & Company Ltd.

1100-1177 West Hastings Street

Vancouver, BC V6E 4T5 Attn: Derek Lai

joyceplace@crowemackay.ca

Letters to Owners

Wind-Up Petition

Intracorp Claim

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