A woman who crashed her James Bond luxury car in Richmond and claimed the repairs were botched got a rude awakening from a judge, who tossed her case on Sept. 10.
Bonan “Jessica” Liu hired Burrard Autostrasse Collision Ltd. after a December 2015 single vehicle collision near No 2 and Blundell in her $200,000, 2014 DB9 Century Skyfall Aston Martin. Burrard subcontracted some work to 0880984 BC Ltd dba MCL Motor Cars. The repairs were done by September 2017 and Liu refused to pay. She sued Burrard and MCL for breach of contract, sought $300,000 in damages and the value of a new Aston Martin DB9.
B.C. Supreme Court Justice Nitya Iyer dismissed Liu’s claim after an Aug. 13 summary trial and allowed Burrard’s $329,000 counterclaim for unpaid repairs, interest, indoor storage fees and insurance.
“Ms. Liu’s claim is meritless and she has made resolution of the issue virtually impossible,” Iyer wrote. “Objectively assessed, her allegations of fraud, conspiracy, fraudulent misrepresentation, or breach of fiduciary duty are without legal foundation and she should not have advanced them. It is clear that Ms. Liu’s conduct of the litigation has been frustrating and extremely unpleasant for Burrard.”
Liu had been represented by four different lawyers until she finally represented herself. Before she sued, the parties agreed Liu would pay half the outstanding invoice. She signed the release, but did not pay the money. Burrard kept the car and Liu sued. A December 2019 trial was set, but Liu sought an adjournment for mediation. However, she did not attend. Liu sought an adjournment to the February 2020 summary trial, but the April court date was adjourned because of the pandemic.
Iyer’s decision said that Liu made the first payment, but not the second. In September 2016, Liu eventually signed a second payment guarantee for the outstanding $50,000 and final balance. Burrard invoiced Liu in May 2017 for more than $135,000 after the repairs, of which Liu had paid only the initial $50,000.
“Notably, over $97,000 of this amount represented the cost of the parts Burrard purchased from Aston Martin to perform the repair. Burrard’s labour cost was about $12,000, or just under 9% of the total invoice,” said the judge’s verdict.
She refused to pay the invoice and did not pick up the car. Burrard stored the car indoors for $200-a-day. They settled their dispute in October 2017, when Liu signed the release and agreed to pay $46,000. But, instead of paying, Liu filed a lawsuit.
Iyer wrote that Liu was clear she wanted the car fixed for $50,000 and that is all she would pay. Yet she was told the repairs would cost about $100,000 before she consented and signed the documents. It was Liu who breached contracts, not Burrard, Iyer concluded.
“She claims damages for various personal injuries and for travel to and from China, along with the value of a new vehicle, $300,000 and increased costs,” Iyer wrote. “The stated legal basis for her claims is coercion, breach of fiduciary duty and extortion of her as a ‘financially well off’ person whose first language is not English. None of the evidence before me supports these allegations.”
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