Couple wins case after battle over renowned Sooke Harbour House

CHEK
WatchThe legal battle surrounding the iconic Sooke Harbour House has finally come to an end. The BC Supreme Court has awarded the original owners of the restaurant and hotel more than $4 million.

Set on the beautiful background of Whiffin Spit, the once renowned Sooke Harbour House has been the centre of controversy over the years. But now the BC Supreme Court has awarded the former owners, Frederique and Sinclair Philip more than $4 million following what the judge said was a “six-year odyssey of lies, excuses, threats, intimidation and bullying”

“Relief and happiness, I’ve been going through anger for a really long time,” said Sinclair. “Our trial was 56 days, so we went through this for a really long time.”

“For the last six years we have been telling everybody we were the owners,” said Frederique. “We knew we were the owners.”

The drama started when they entered a share purchase agreement with Timothy Durkin and his partner Rodger Gregory.

The Philips believed they were going to get $6 million for the deal.

READ MORE: Vancouver Island couple triumphs over ‘garden-variety bully’ 

Court documents reveal Durkin assured that his company had the resources to cover the existing mortgage and interest. However, in February 2015 his company raised only $54,000.

Durkin took it to another level when he filed an injunction to keep the Philips off the property back in 2017. The judge says that the injunction was a result of a false affidavit.

An unrelated third party has purchased the property,  leaving the Phillips wondering what happens next.

“It was 40 years of our lives, I am 72, that means it was more than half my life,” said Frederique. “It was a different business. It had a different business culture we still have a mortgage on this house now.”

“We are financially devastated,” added Sinclair. “We had our life savings taken away from us.”

“They were for a large part taken advantage of,” said their lawyer Josh Bloomenthal of Crease Harman LLP.

“And for all the comments that have been floated around for the past six years that were inaccurate, we are thankful we finally have a decision from the court, finally the truth is known.”

Timothy Durkin has declined to comment on the case to CHEK News and says he plans to appeal the ruling.

With files from CBC News

Julian KolsutJulian Kolsut

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