The within proposed class proceeding arises from the unlawful conduct of the Defendants, 1324189 B.C. LTD., doing business as, WHITETAIL HOMES (“1324189”), WHITETAIL HOMES LTD. (“Whitetail”), and/or LUC GOSSELIN (“Gosselin”), in regards to the sale of pre-sale development units in a multi-family residential development on lands located at 20644 Eastleigh Crescent, in the City of Langley, British Columbia (the “Development”). In particular, the Defendants, 1324189, Whitetail and/or Gosselin, as the developers, filed with the British Columbia Superintendent of Real Estate and subsequently issued a required Disclosure Statement, dated July 11, 2024, to purchasers, including the Plaintiffs and putative class members, that misrepresented a material fact, contrary to the Real Estate Development Marketing Act, S.B.C. 2004, c. 41 (“REDMA”), by representing that the land on which the Development is being constructed does not lie within an area which may be subject to flooding, which was false, inaccurate and misleading.

At all material times to the cause of action herein, and as early as October 2021, the Defendants knew, or ought reasonably to have known, that the lands of the Development were located within a floodplain and are subject to the City of Langley’s (“City”) Floodplain Elevation Bylaws Nos. 2768 and 3232, and that this information constituted a material fact that reasonably affected the value, price, or use of the pre-sale development units in the Development.

Despite that knowledge, the Defendants, 1324189 and Gosselin, provided the Disclosure Statement containing the misrepresentation of the floodplain designation of the lands of the Development to all purchasers of the pre-sale development units in the Development, including the Plaintiffs and putative class members, which they knew was false, inaccurate and misleading.

The Plaintiffs and putative class members purchased pre-sale development units in the Development and paid deposits in reliance on the representations made by the Defendants, 1324189 and Gosselin, in the Disclosure Statement, in particular, that the lands of the Development are not located within a floodplain.

The Defendants, 1324189 and Gosselin, continued to misrepresent the floodplain designation of the lands of the Development until May 22, 2025, when they amended the Disclosure Statement (the “Amended Disclosure Statement”)—after securing project financing and deposit insurance—to disclose for the first time that the lands of the Development are located within a floodplain.

The Plaintiffs seek relief on their own behalf and putative class members for the Defendants’, 1324189’s, Whitetail’s and/or Gosselin’s, unlawful conduct, including, inter alia: (i) statutory relief under REDMA, including that the purchase agreements for the pre-sale development units in the Development are void for non-compliance and the return of all deposits paid together with interest; (ii) breach of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2 (“BPCPA”); (iii) breach of the Competition Act, R.S.C. 1985, c. C-34 (“Competition Act”); (iv) intentional misrepresentation under common law; (v) breach of contract; (vi) fraudulent concealment; and (vi) such further and other relief as this Honorable Court deems just, including punitive damages.

This action is brought on behalf of members of a class consisting of the Plaintiffs, and all other persons and/or legal entities resident in British Columbia, who purchased a pre-sale development unit or units in the multi-family residential development located at 20644 Eastleigh Crescent, in the City of Langley, British Columbia, from the Defendant, 1324189, between July 11, 2024 to May 22, 2025 (“Class” or “Class Members”), excluding employees, officers, directors, agents of the Defendants, and their family members, class counsel, presiding judges and any person who has commenced an individual proceeding against or delivered a release to the Defendants concerning the subject of this proceeding, or such other class definition or class period as the Court may ultimately decide on the application for certification.