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Trouble

The executive director issued the temporary order after BCSC staff was alerted that a Vernon-area individual had recently wired $25,000 to the company. The order temporarily prohibits Genius Funds from trading in any securities in B.C.

The executive director issued the temporary order after BCSC staff was alerted that a Vernon-area individual had recently wired $25,000 to the company.

The order temporarily prohibits Genius Funds from trading in any securities in B.C. It also prohibits Genius Funds from engaging in any investor relations activities in the province.

The notice says Genius Funds states that it offers one investment fund that makes payments of up to 1.9% daily, and a second fund that makes payments of up to 9% weekly. In addition, the notice says Genius Funds states that it offers the Genius High-Yield Deposit Account that earns depositors interest between 14% and 25% monthly.

The notice alleges Genius Funds is making misrepresentations to investors because it offers a rate of return that is impossible to earn consistently through legal means.

Furthermore, Genius Funds is not registered to participate in B.C.’s securities industry. The notice alleges that Genius Funds has breached, and continues to breach, securities laws by carrying out unregistered activity in the province.

BCSC staff has identified social media websites that are being used to promote Genius Funds investments and a referral program. There is also Genius Funds’ advertising in online classified ads in other provinces.

Staff is conducting an ongoing investigation into the sale of these securities. People should not send any money to Genius Funds while the cease trade order is in place and the investigation is ongoing.

The allegations in the notice have not been proven.


BUYER’S ALERT

Companies listed below, which are not members of the Better Business Bureau, have failed to respond, as of February 11, 2010, to Better Business Bureau of Mainland B.C.’s efforts to mediate complaints from February 1 to February 5, 2010. In some instances, the company may have taken care of the complaint and considered the matter closed, or may believe the complaint is unjustified; however, if the BBB has not received a response, records cannot reveal either position. Please note that BBB members must respond to customer complaints that are brought to their attention. Source: BBB.

A1 Gutters Ltd., Vernon

AA Catherine’s Bed & Breakfast, Vancouver

Accurate Pressure Washing & Gutter Cleaning, Surrey

Affordable Transport, Burnaby

Americatel Corp., Vancouver

Arctica Blanket Inc., Richmond

B N W Travel Management Ltd., Vancouver

BC Immigrant Association, Surrey

Bang On T Shirts Ltd., Surrey

BC For Sale By Owner, North Vancouver

Best Buy, Burnaby

Biothera Clinics, Vancouver

Braylin Contracting, Kamloops

BWireless, Vancouver

Carl Inkman Roofing, Surrey

Citi Financial, Terrace

Coastal Ford Sales Ltd., Burnaby

Comfort Energy Systems, Kelowna

Co-Operation Garments Distributor Ltd., Richmond

Crystal Ballroom Dancing Studio Inc., Vancouver

Cyclone Taylor Figure Skating, Vancouver

Cymax Stores Inc., Vancouver

Euroline Plumbing & Lighting Supplies Ltd., Surrey

Fit Xpress Inc., Vancouver

Great West Fitness, Abbotsford

In2net Network Inc., Burnaby

International Moves Ltd., New Westminster

Jays Service, Kamloops

Kelowna Conference Centre, Kelowna

L A Weight Loss Centers, Surrey

LaRoche World Gung Fu & Kick Boxing, Kamloops

Manticore Media Group Inc., Surrey

Okanagan Construction, Kelowna

Paylogec Merchant Solutions, Surrey

Perfect Food Company Inc., Surrey

Peters Moving, Abbotsford

Pro Gas & Heating, Surrey

Punjab Banquet Hall, Surrey

Pursuit Investigations Ltd., Surrey

Vacuum Shop #3, Maple Ridge

Vancouver Auto Liquidation Center Ltd., Richmond

Visions Electronics, Vancouver


The following companies have responded to Better Business Bureau of Mainland BC’s efforts to resolve complaints after being previously listed in BIV as non-responsive. Source: BBB

Hill Academy, Pitt Meadows

Reid Jewellery Ltd., Burnaby


Who’s Getting Sued

These corporate writs were filed with the court registry in Vancouver. Information is derived from the statements of claim. Statements of claim have yet to be proven in court.


Defendants: Teck Metals Ltd. and 6317057 Canada Ltd. and Canadian National Railway Co.3300–550 Burrard St., Vancouver and 1700–666 Burrard St., Vancouver and 1700–1075 W. Georgia St., Vancouver

Plaintiff: BNSF Railway Co.2700–700 W. Georgia St., Vancouver

Claim: $1,181,366 for switching charges between Jan. 1, 2004, and March 31, 2005; $3,822,311 for switching charges between Apr. 1, 2005, and Sept. 30, 2007; an accounting of all switching charges paid by BNSF to BCOL and CN; and damages.


Defendant: Peter Coleman1002–150 E. Keith Rd., North Vancouver

Plaintiff: Epic Aviation Canada Inc.1500–1040 W. Georgia St., Canada

Claim: $2,600,647 for guarantee for fuel supply agreement, late charges and finance charges related to Petrovalue Products Canada Inc.


Defendants: Dwayne Martin and Marall Homes Ltd.RR#1, C3, Site 19, Chase and 201–33832 S. Fraser Way, Abbotsford

Plaintiff: Canada Mortgage and Housing Corp.700 Montreal Rd., Ottawa

Claim: $1,670,096 for previous judgment.


Defendant: Quickload CEF Inc.3000–1055 W. Georgia St., Vancouver

Plaintiff: J.D.G. Construction Management Ltd.2nd floor, 147 W. 16th St., North Vancouver

Claim: $493,246 for design and construction of the Quickload examination facility; and damages.


Defendants: Parkside Project Inc. and Fairfield LP and its general partner, Fairfield Ventures Inc.111 Wallace St., Nanaimo

Plaintiff: Phoenix Glass Inc.1900–1040 W. Georgia St., Vancouver

Claim: $409,055 for supply and installation of complete window system including the supply and installation of all hardware to aluminum doors for the Parkside Victoria Resort and Spa.


Defendants: Thomas Shannon and Janet Andersen4056 W. 36th Ave., Vancouver

Plaintiff: Alexander Construction Ltd.215–4800 No. 3 Rd., Richmond

Claim: $381,052 for labour and materials for new dwelling and garage, and/or, damages for breach of contracts, and/or, damages for negligence, and/or, damages for judgment on a fair value for services basis; a builder’s lien for $346,513.


Defendants: Eron Mortgage Corp. and Eron Financial Services Ltd. and Brian Slobogian and Frank Biller2900–550 Burrard St., Vancouver and 105–1350 Haro St., Vancouver and 3066 Cardinal Crt., Coquitlam

Plaintiff: British Columbia Securities Commission1600–925 W. Georgia St., Vancouver

Claim: $300,000 for debt related to sanctions decisions; and declarations.


Defendants: Onni Contracting Ltd. and Onni Development (Seymour Street) Corp.1300–777 Dunsmuir St., Vancouver and 300–550 Robson St., Vancouver

Plaintiff: Faria Mechanical Ltd.1700–1075 W. Georgia St., Vancouver

Claim: $266,944 for labour and material; a builder’s lien for $266,944.


Defendant: Darco Consulting Inc.1066 Keith Rd., West Vancouver

Plaintiff: Mirato S.p.A.1200–200 Granville St., Vancouver

Claim: $256,100 for debt.


Defendant: 0758553 B.C. Ltd.220–1501 W. Broadway, Vancouver

Plaintiffs: David Stewart and Yew Kong Tham2900–595 Burrard St., Vancouver

Claim: $175,000 for return of deposit; rescission of the purchase contract, or, declarations; and damages for breach of contract and/or misrepresentation.


Defendant: William Peter Morgan Dobell670–355 Burrard St., Vancouver

Plaintiff: Heffel Balagno Design Consultants Inc.900–808 Nelson St., Vancouver

Claim: $161,975 for interior design services and other construction services; damages for breach of contract; a builder’s lien for $161,975.


Defendant: Eskay Mining Corp.2760–200 Granville St., Vancouver

Plaintiff: Xcel Management Consulting Inc.3200–650 W. Georgia St., Vancouver

Claim: $110,691 for management consulting services.


Defendant: Island Coastal Developments Ltd.3–4488 Wellington Rd., Nanaimo

Plaintiff: Robannah Developments Ltd.505 Fifth St., Courtenay

Claim: $108,953 for labour, services and equipment, or, damages.


Defendants: Raven Creek Timber Products Inc. and Eugene Laughren and Catherine Costin4th floor, 1007 Fort St., Victoria and 2571 Shawnigan Lake Rd. E., Shawnigan Lake and 1650 Hampshire Rd., Victoria

Plaintiff: Ecotrust Canada Capital Corp.200–1238 Homer St., Vancouver

Claim: $101,359 for loan and guarantee.


Defendants: Peter Kwong and Planex Development Corp. and Planex Westside Development Corp.1203–3779 Sexsmith Rd., Richmond and 115B–19705 Fraser Hwy., Langley

Plaintiff: Lapointe Projects Ltd.800–885 W. Georgia St., Vancouver

Claim: $98,684 for labour and materials; a builder’s lien for $98,684.


Defendant: On Call Internet Services Ltd.830 Seymour St., Kamloops

Plaintiff: Telus Communications Co.2900–550 Burrard St., Vancouver

Claim: $75,082 for access to and use of core telecommunications hardware connectivity and various Internet networking services.


Defendant: Han Ming Liang dba Farmers Table Market Place4020 Pender St., Burnaby

Plaintiff: HSBC Canada4th floor, 888 Dunsmuir St., Vancouver

Claim: $38,776 in principal and $19,249 in interest for previous judgment related to debt.


Defendant: Bynett Construction Services Ltd.1600–1055 W. Georgia St., Vancouver

Plaintiff: Conwest Contracting Ltd.700–595 Burrard St., Vancouver

Claim: $57,137 for onsite and offsite excavation services; a builder’s lien for $57,137.


Defendant: Cuprus Mining Corp.750–580 Hornby St., Vancouver

Plaintiff: Whiskey Management Inc.800–885 W. Georgia St., Vancouver

Claim: $40,280 for two promissory notes.


Defendant: Teal Jones Forest Ltd.17897 Trigg Rd., Surrey

Plaintiff: Jones Marine Services Ltd.9871 Esplanade St., Chemainus

Claim: $30,787 for towing services; a tugboat worker lien for $30,787.


Defendants: Franklin Coatings Ltd. and Split Vision Eyewear Ltd.200–13889 104th Ave., Surrey and 127–800 15355 24th Ave., Surrey

Plaintiff: Roynat Inc.300–666 Burrard St., Vancouver

Claim: $28,477 for lease of certain goods and equipment; and damages.


Defendants: John McEwen and Chris McEwen2875 Whistle Dr., Abbotsford

Plaintiff: Roynat Inc.300–666 Burrard St., Vancouver

Claim: $22,263 for goods and equipment lease.


Defendants: Jamie Lee Nystrom and Holly Cole901 Calverhall St., North Vancouver

Plaintiff: A Carpenter & A Gentleman Construction Co. Ltd.700–375 Water St., Vancouver

Claim: $15,422 for renovations; a builder’s lien for $15,422.


Defendants: Peter Kwong and Planex Westside Development Corp.115B–19705 Fraser Hwy., Langley

Plaintiff: Jason Macdonald dba MacCree Contracting7393 Grand St., Mission

Claim: $14,900 for drywall materials and labour; a builder’s lien for $14,900.


Defendant: Vancouver Taxi Ltd.790 Clark Dr., Vancouver

Plaintiff: Tony Bhullar5820 Ontario St., Vancouver

Claim: $12,405 for legal services.


Defendants: Aberdane Construction Ltd. and University of British Columbia1700–1075 W. Georgia St., Vancouver and 2210 West Mall, Vancouver

Plaintiff: Canadian Cutting and Coring Ltd.202–911 Yates St., Victoria

Claim: $10,512 for concrete cutting and coring; a builder’s lien for $10,512.


Defendants: Pulse Development Partnership and 0752265 B.C. Ltd. and 0711138 B.C. Ltd.500–1681 Chestnut St., Vancouver and 300–1681 Chestnut St., Vancouver

Plaintiffs: Jude Dias and Merlyn Dias109–18663 52nd Ave., Surrey

Claim: A declaration and an order that the deposit is returned to the plaintiffs related to a strata property purchase.


Defendant: Lloyd’s Underwriters1540–1155 Rue Metcalf, Montreal

Plaintiff: Reliant Capital Ltd.2300–550 Burrard St., Vancouver

Claim: A declaration the defendant is liable to pay and make good to the plaintiff the loss and damage sustained in a fire; and an order for payment of amount found due.


Defendants: The Owners, Strata Plan VR460 and Wynford Realty Group Ltd. cob as The Wynford Group and The Wynford Group and Schindler Elevator Corp. and ABC Ltd. cob Woodcroft Properties and Woodcroft Properties112–2012 Fullerton Ave., North Vancouver and 800–885 W. Georgia St., Vancouver and 112–2012 Fullerton Ave., North Vancouver and 1206 William St., Vancouver and addresses unknown

Plaintiff: Kam Leihl aka Kamaljit Leihl1311–2008 Fullerton Ave., North Vancouver

Claim: Damages for negligence and breach of duties related to injuries sustained in elevator malfunction.


Defendants: Dale Tanaka and Dr. Dale I. Tanaka Chiropractic Inc.101–1221 Lonsdale Ave., North Vancouver and 217–713 Columbia St., New Westminster

Plaintiff: Robert Nielson2020–650 W. Georgia St., Vancouver

Claim: Damages for negligence, breach of contract and/or breach of fiduciary duty related to provision of chiropractic care and treatment.


Defendants: Madikale Touring Inc. and Reiny Dawg Ltd. and George Canyon400_604 1st St., SW, Calgary and Box 61, Site 8, RR#1, Okotoks, Alberta

Plaintiff: Simkin Artist Management Inc.670–999 Canada Place, Vancouver

Claim: An order that the defendants provide a full accounting of commissionable income from July 2007 onward; judgment for all unpaid management commissions owing; and damages.


Defendants: The Owners NWS 3355 and Crosby Property Management Ltd.600–777 Hornby St., Vancouver and 1500–1040 W. Georgia St., Vancouver

Plaintiff: Patrick Yvon Julien220–1501 W. Broadway, Vancouver

Claim: Damages for breaches of duty related to various strata property issues.


Defendants: David Hyo Joon Noh and Gabrielle Olwyn Pepino Noh and Whistler Platinum Reservations Ltd.17F ICBC Tower, Citibank Plaza, Central Hong Kong and 4557 Blackcomb Way, Whistler

Plaintiff: Lindsay King1–2110 Whistler Rd., Whistler

Claim: Damages for negligence related to the unsecured top of a cement bench that fell and injured the plaintiff.


Defendants: South Coast British Columbia Transportation Authority and Greater Vancouver Community Services Society and MVT Canadian Bus Inc. and Peter Jones1600–4720 Kingsway, Burnaby and 500–1212 W. Broadway, Vancouver and 25th floor, 700 W. Georgia St., Vancouver

Plaintiff: Winifred Pearl Kellar302–751 Clarke Rd., Coquitlam

Claim: Damages for negligence related to the plaintiff walking unescorted off the bus between parked cars and tripping on the roadside curb.


Defendant: Reckless, The Bike Store Inc.2856 W. 30th Ave., Vancouver

Plaintiff: Meera Cowda3–208 8th Ave., Brooklyn, New York

Claim: Damages for negligence and breach of common law or statutory duty related to the handle bars of a rented bicycle slipping forward causing the plaintiff to fall.


Defendants: William Mah and the City of Vancouver and Intertech Construction Ltd. and ITC Construction Inc.3206 Toba Dr., Coquitlam and 453 W. 12th Ave., Vancouver and 1700–1075 W. Georgia St., Vancouver

Plaintiff: Aiko Kazama5–555 W. Georgia St., Vancouver

Claim: Damages for negligence related to the plaintiff being struck by a motor vehicle at the intersection of Expo Blvd. and Abbott St.


Defendant: Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Transportation and InfrastructurePO Box 9289, Victoria

Plaintiffs: North Star Properties Ltd. and Windsor Building Supplies Ltd.800–885 W. Georgia St., Vancouver

Claim: Compensation pursuant to the Expropriation Act related to real estate.


Defendants: Mt. Seymour Resorts Ltd. and John Doe and Jane Doe26th floor, 700 W. Georgia St., Vancouver and addresses unknown

Plaintiff: Marie Woo920 E. 37th Ave., Vancouver

Claim: Damages for negligence related to injury sustained while snowshoeing.


Defendant: Soroush Seif1303–2088 Madison Ave., Burnaby

Plaintiff: Intergulf Development (CC) Corp.1300–777 Dunsmuir St., Vancouver

Claim: A declaration the strata property purchase contract was terminated in accordance with its terms; and a declaration the plaintiff is entitled to the deposit.


Defendant: Mehran Arefi621 W. Pender St., Vancouver

Plaintiff: Intergulf Development (CC) Corp.1300–777 Dunsmuir St., Vancouver

Claim: A declaration the strata property purchase contract was terminated in accordance with its terms; and a declaration the plaintiff is entitled to the deposit.


Defendant: Shohreh Shams214–625 Como Lake, Coquitlam

Plaintiff: Intergulf Development (CC) Corp.1300–777 Dunsmuir St., Vancouver

Claim: A declaration the strata property purchase contract was terminated in accordance with its terms; and a declaration the plaintiff is entitled to the deposit.


Defendant: Fatameh Ghasemnejad408–1205 Johnson St., Coquitlam

Plaintiff: Intergulf Development (CC) Corp.1300–777 Dunsmuir St., Vancouver

Claim: A declaration the strata property purchase contract was terminated in accordance with its terms; and a declaration the plaintiff is entitled to the deposit.


Defendants: Archmetal Industries Corp. and Fusion Valve Inc. and HC North America Inc. and Fortune Valve Co. Ltd. and Fortune Valve (USA) Corp. and Fortune Mfg. Co. Ltd. and Fortune Industries (Dalian) Inc. and Dalian Fortune Corp. and Fortune Valve (Ningbo) Co. Ltd. and ABC Co. #1 to #4 and John Doe #1 to #2238–1338 W. Broadway, Vancouver and 600–12220 Stony Plain Rd., Edmonton and 325 James St. S. and 140–6251 Graybar Rd., Richmond and 11F, No. 222, Sec. 5, Nanjing E. Rd., Taipei City, Taiwan and No. 9 Longan Rd., Ganjingzi District, Dalian, China and No. 70 Anshan Rd., Shahekoa District, Dalian, China and No. 15 Fengyan 2 Rd., Beilun District, Ningbo, China and address unknown

Plaintiffs: British Columbia Housing Management Commission and Bosa Construction Inc. and Central Park Developments Inc.2400–200 Granville St., Vancouver

Claim: Damages for breaches of contract, negligence and/or breaches of duty related to a failed valve that caused water to flow into the premises and damages the plaintiffs’ property.


Defendants: Pfizer Canada Inc. and Pfizer Inc.2700–700 W. Georgia St., Vancouver and 235 E. 42nd St., New York, New York

Plaintiffs: Patricia Clow, personal representative of the estate of Heidi Clow, deceased and Alicia Pickering and Nicole McIvor207 Meade Ave., Victoria and 6067 South Gale Ave., Sechelt and 1000 Memorial Park, Princeton

Claim: An order certifying this action as a class proceeding; damages; and declaratory and injunctive relief as well as damages and statutory compensation available under the BPCPA related to a death allegedly the result of taking Champix.


Defendants: Lin Qian Fu and Fu-Ju Lin and Wenlong Liu and Lai-Huan Lin and Jessica Hui-Chuan Lin and Hung-Yu Lin and Chia-Yi Lin and Heng-Hsin Lin17265 Hillview, Surrey and 3015 144A St., Surrey and 17265 Hillview, Surrey and 3015 144A St., Surrey and 3015 144A St., Surrey

Plaintiffs: 0856870 B.C. Ltd. and City-Farm Biofuel Ltd.1400–550 Burrard St., Vancouver

Claim: A declaration that the defendants have breached the share purchase agreement; declarations; an order; and damages.


Defendant: Carmine Risi18978 87A Ave., White Rock

Plaintiff: Ginger Partnership300–1681 Chestnut St., Vancouver

Claim: An order releasing the deposit in partial satisfaction of the damages suffered; specific performance of the strata property purchase contract and damages, or, damages.


Defendants: Tom Cantafio and Doug Bordt9132 203A St., Langley and 4789 217A St., Langley

Plaintiff: Ginger Partnership300–1681 Chestnut St., Vancouver

Claim: An order releasing the deposit in partial satisfaction of the damages suffered; specific performance of the strata property purchase contract and damages, or, damages.


Defendant: Jeanette Kornelson14638 Southview Dr., Surrey

Plaintiff: Ginger Partnership300–1681 Chestnut St., Vancouver

Claim: An order releasing the deposit in partial satisfaction of the damages suffered; specific performance of the strata property purchase contract and damages, or, damages.


Defendant: Bank of Montreal Finance Ltd.21st floor, 1 First Canadian Place, 100 King St. W., Toronto

Plaintiff: West Care Medical Ltd.1575–650 W. Georgia St., Vancouver

Claim: Judgment for the value of the customer payment cheques; damages for conversion; damages for negligence; and damages related to misappropriated cheques.


Defendant: Zorka Mikonjic1024 Saddle St., Coquitlam

Plaintiff: I-Candy Holdings Inc.1233–3779 Sexsmith Rd., Richmond

Claim: Orders related to lease renewal. •


This article from Business in Vancouver February 23-March 1, 2010; issue 1061

Business in Vancouver (www.biv.com) has been publishing in-depth local business news, analysis and commentary since 1989. The newspaper also produces a weekly ranked list of the biggest companies and players in a wide range of B.C. industries and commercial sectors, monthly features and industry-focused sections that arm its subscribers with a complete package of local business intelligence each week.