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Lawsuit of the week: Blocked views from new construction spark legal action from Granville Entertainment Group owner

Granville Entertainment Group owner Blaine Culling is suing Sutton Group West Coast Realty and several others, claiming he was duped into buying a pricey downtown condo where advertised views will soon be blocked by a neighbouring development project.
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Granville Entertainment Group owner Blaine Culling is suing Sutton Group West Coast Realty and several others, claiming he was duped into buying a pricey downtown condo where advertised views will soon be blocked by a neighbouring development project.

Culling filed a notice of civil claim in BC Supreme Court on March 8, naming Stella Elizabeth Price, Paul David Price, West Coast Realty Ltd. dba Sutton Group West Coast Realty, Oakwyn Realty Downtown Ltd. and Sarah Griffiths as defendants.

Defendants Stella and Paul Price listed the 1,819-square-foot unit in the Patina building at Burrard and Barclay for $3.3 million, but the lawsuit does not disclose how much Culling offered. According to the BC Assessment Authority, the unit was last sold in November 2015 for just over $2.4 million.

Culling claims he inked a deal with the Prices on January 7, 2018, to buy the unit, which was touted in marketing materials as having “unparalleled 270 [degree] ocean vistas throughout, including stunning views of English Bay, Coal Harbour, Lions Gate Bridge and Granville Island.”

But he claims Stella Price, herself a realtor with Sutton Group, knew that a new building known as the Butterfly “was about to break ground immediately adjacent to the Patina, and that the Butterfly would destroy a large part of [the unit’s] view and cause it to plummet in value,” the claim states.

“No reasonable purchaser would have purchased [the unit] without a steep discount had he or she known of the imminent construction of the Butterfly,” Culling claims. “The fraudulent marketing deceived Mr. Culling into believing that [the unit’s] view would remain intact for the foreseeable future.”

Furthermore, he claims he left for a vacation soon after signing the purchase contract and asked his realtor, defendant Sarah Griffiths, about the meeting minutes of the Patina’s strata councils.

“Accordingly, he asked Ms. Griffiths if the minutes showed anything he should be concerned about,” the claim states. “Despite the fact that the minutes referred to the imminent construction of the Butterfly in several places, she told him that the minutes did not show anything that he should be concerned about.”

Culling claims that when he complained to Stella Price, her counsel alleged that they were using the proceeds to buy another property and would be damaged should he fail to complete the sale.

“Relying on that allegation, Mr. Culling has or will complete the purchase of [the unit] under protest,” the claim states.

He seeks damages for fraud and deceptive practices against Price and Sutton, and damages for negligence against Griffiths and Oakwyn.

The allegations have not been tested or proven in court and the defendants had not responded to the claim by press time.