A B.C. judge has sided with pre-sale purchasers who claim the developer of a troubled Lower Mainland condo tower breached provincial consumer protection laws by failing to report headwinds facing the development before the project entered insolvency proceedings.
In a 38-page ruling released Wednesday, B.C. Supreme Court Justice David Masuhara found pre-sale contracts for more than $30 million worth of units at Burnaby’s Eclipse building unenforceable.
Masuhara said he accepted “that practical consequences may follow” from his decision — which gives pre-sale purchasers of more than three dozen units in the 329-unit building the right to walk away from condos now worth much less than they originally agreed to pay.
But he said creditor…