On what basis can an owner/developer's fiduciary duty to prospective purchasers be breached?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan BCS 3165 v. KBK No. 11 Ventures Ltd., 2014 BCSC 2276 (CanLII):
The Arbitrator then pointed to a decision of Madam Justice Gerow in The Owners, Strata Plan VIS 2968 v. K.R.C. Enterprises Inc., 2007 BCSC 774, rev’d other grounds, 2009 BCCA 36. That decision contains a review of the authorities dealing with an owners/developers’ fiduciary duty to prospective purchasers. Gerow J. said at para. 29:
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