A West Vancouver woman has filed a lawsuit, claiming she was duped by an acquaintance into handing over $100,000 with false promises that a property deal would help get her daughter into York House private school.
Mei Han, a West Vancouver businesswoman, filed the lawsuit against Lili Song of Vancouver in B.C. Supreme Court June 27. Song’s husband Clement Song and their son Tian Ci Song are also named in the lawsuit.
Song, however, denies that an enrolment-for-property deal was ever made, and said Han chose to back out of a legally binding real estate sale contract.
According to the lawsuit filed by Han, the disagreement sprang up in the fall of 2015 after Lili Song volunteered to help get Han’s elementary school-aged daughter into the exclusive private school for girls in Shaughnessy.
Han believed “it was in general very difficult to enrol a student in York House,” according to the statement of claim, and had been told by the administration of the school there was no room to enrol new students at the grade attended by her daughter.
Song told Han she had “a good relationship with the administration of York House,” according to the statement of claim, and would broker a deal that would allow Han’s daughter to enrol at the school.
That deal involved a property next to York House at 1518 26 th Ave. West owned by Song, according to the statement of claim.
According to the lawsuit, Song told Han she would sell her the property for $6.7 million, which Han could then offer to lend or lease to the school in exchange for enrolling her daughter.
Song told Han she had already discussed the arrangement with the director of York House “who appeared to be highly interested in it,” according to the statement of claim.
Han paid $100,000 to show she was serious about the deal, according to the claim.
But in February 2016, Han was told the school had no opening for her daughter.
She then asked Song to return the $100,000. According to the lawsuit, Song’s assistant phoned Han to tell her Song would return the money. But according to the statement of claim, none of the cash has been repaid.
Han’s lawsuit seeks a judge’s order forcing Song to return the money or to pay damages for breach of contract and fraudulent misrepresentation, claiming any deal was contingent on her daughter being enrolled in the school, which Song failed to follow through on.
But in a statement of defence, Song denies that version of events. She said in the statement she agreed to help Han seek a spot for her daughter by providing introductions only after Han repeatedly sought her assistance.
Song said in the statement she never promised Han’s daughter would be admitted to York House and did not demand any payment for her help. Song’s statement of defence characterizes the property deal as separate from the school enrolment issue.
Han wanted to buy the property and put down a non-refundable deposit of $100,000, according to Song’s statement of defence. “The agreement of purchase and sale was a valid and binding contract,” said Song in the statement of defence. Han later backed out of the deal, said Song.
York House has an enrolment of 656 students, including kindergarten and junior kindergarten students. Fees at the private school are about $20,000 a year.
York House is not named in the lawsuit and spokeswoman Darcy Hausselman said the school was until recently unaware of it.
“We have a very stringent admissions policy,” she said. Attempting to influence admissions decisions “isn’t anything that happens,” she said. “Everybody goes through the same process.”
Song filed her statement of defence last month, in response to Han’s lawsuit, which was filed in June.
None of the allegations has been proven in court.
