A Kelowna, B.C., woman has been awarded over $740,000 after she sued a contractor, who is also one of her neighbors, over botched renovation work. Beverly Wanklyn sent hundreds of thousands of dollars to Rene Bertrand and his company Elite Lifestyle Service to complete renovations on her lakefront property, according to a recent B.C. Supreme Court decision. While Wanklyn was on vacation in the spring of 2017, she returned to find her house "gutted," according to the decision, and the court found Bertrand had made false representations to extract more money from her over the next year and a half—including funds he diverted to renovate his own house.
Eventually, Wanklyn had to hire another contractor, spending nearly $1 million to fix her home. The case, which unfolded at the Vernon Law Courts, concluded with Justice Warren Milman ruling decisively in Wanklyn's favor. Bertrand, who did not formally respond to the lawsuit, was found at fault for numerous breaches of contract.
"The defendants promised to complete the renovation, at each stage, within a time span measured in weeks and for a fixed price..." Milman’s decision noted, emphasizing the failures leading to Wanklyn's significant distress. Instead, after 18 months of inactivity, the only work completed by Bertrand included mere interior demolition, asbestos abatement, and some minor electrical and plumbing tasks.
Wanklyn had initially sought out Bertrand for the renovations after meeting through mutual friends, hoping to install a guest suite. During her European vacation from March 15 to April 21, 2017, she anticipated returning to find her home newly renovated. Instead, she was astonished to see the property gutted, her possessions left off-site.
Following the shocking discovery, Wanklyn demanded her money back. Bertrand claimed to have found rotting wood in support beams but continued to stall their agreement for completion. He repeatedly misled Wanklyn, claiming various complications, including unfounded assertions about city permits and the need for demolishment.
"[Wanklyn] was expecting to arrive home to a newly-renovated house..." the ruling read, setting the tone for the court's dissatisfaction with Bertrand’s handling of the job. It was revealed during the proceedings he had only spent about $85,800 on the project, with only $17,300 directly tied to Wanklyn’s house.
Justice Milman noted Bertrand had acknowledged working on four to six other projects simultaneously, including work at his own residence. The decision also highlighted how the contractor had improperly commingled Wanklyn's payments with funds earmarked for those other projects.
The B.C. Supreme Court awarded Wanklyn the full cost of her contract, deducting around $30,000 for minor work performed by Bertrand’s company, leading to damages totaling around $730,000. She also received $10,000 for punitive damages, though she had sought as much as $50,000 for what the court deemed "reprehensible conduct" by the defendants.
"I am not persuaded... they intended to do the work eventually but were incapable of properly managing the project..." Milman clarified, highlighting the challenges Wanklyn faced.
Separately, another significant financial legal issue was raised recently when the British Columbia Securities Commission announced Earle Douglas Pasquill, who ran one of B.C.'s largest investment frauds, had been ordered to utilize funds from two retirement accounts to resolve a multimillion-dollar fine. With debts amounting to $36.7 million, the B.C. Supreme Court mandated on December 20, 2024, he forfeit any payments from these life income fund accounts.
These tax-deferred accounts hold pension funds and other assets, allowing for gradual withdrawals during retirement. According to the commission, Pasquill has been withdrawing approximately $75,000 per year.
Pasquill, along with business partner Michael Patrick Lathigee, committed fraud affecting nearly 700 investors through their company, Freedom Investment Club, back during their peak activities in 2008. Following their fraudulent actions, they were ordered by the commission to pay back $21.7 million and $15 million each for administrative penalties, leading to extensive legal proceedings.
The commission explained the duo was banned from the financial market back in 2015. After Lathigee relocated to Las Vegas, he currently faces legal battles over his remaining responsibilities to the B.C. regulator, which led him to settle for US$350,000 in April 2023.
Meanwhile, Pasquill has allegedly transferred assets to his wife, Vicki Pasquill, and continues to contest his obligations with the commission, which reports he has yet to fulfill any of his financial sanctions.
These two cases underline the importance of accountability within the financial and contracting sectors, as residents of British Columbia seek to safeguard their investments and protect their properties from malfeasance.
