On the afternoon of June 25, 2020, Supreme Court Justice Jasvinder S. (Bill) Basran approved the application for a court-ordered sale of the Sooke Harbour House to IAG Enterprises Ltd for $5,632,000 (ie, the Court accepted offer for purchase). The proceeds will satisfy the debts incurred over the past few years, including several mortgages and outstanding federal and property taxes. Property manager Timothy Durkin’s requests for over $900,000 for purported assets and $50,000 for employee payouts were denied, as was a request by Haley (sp?) Mgmt to secure $900,000 on a fourth mortgage.
Lawyers representing Crease Harman requested a three-week delay on the sale, saying there was another potential buyer. Justice Basran stated in his ruling that no paperwork had been provided to support that claim, and that the offer was “too vague, too little, and too late.” Basran noted that the current purchaser was asking the listed price and there were no conditions to the sale. He also noted that no party had provided an up-to-date appraisal.
The order came with a restraining order on all parties including Timothy Durkin, except for the allowance of the Philips on the property to remove their personal assets as per “Schedule F” of the sales purchase agreement signed in 2014 between the Philips and SHH Management (director: Durkin) by appointment.
Realtor.ca lists the sale as a court-ordered sale, noting that it’s a 28-room 33,405 square foot “boutique hotel with oceanfront views, restaurant and lounge.”
Sooke Harbour House was purchased in 1979 by Frederique and Sinclair Philip. In 2014, they entered into an agreement with Tim Durkin to manage the hotel until a sale to him could be finalized. This purchase agreement was never closed with a monetary transaction.
According to this CBC news article, the Canada Border Services Agency claims Durkin is the subject of an arrest warrant in relation to an alleged Ponzi scheme in the United States.
Crease Harman LLP is representing the Philips as SHH Inc in a suit filed by Timothy Durkin through SHH Management and/or SHH Holdings for ownership of the hotel; the Philips are in turn counter-suing. This five-week trial which began in early 2020 is now in its eighth (or ninth?) week and promises to continue for at least another week at the Supreme Court in Victoria. Durkin is self-representing.
- Rumour confirmed, owner of Sooke PocketNews being sued, June 7, 2019
- Opportunity to appeal definitively denied, Durkin’s deportation hearing to proceed, March 1, 2019
- Courts rule against Tim Durkin’s request to have a deportation hearing overturned, February 25, 2019
- Canada Border Services claims manager of Sooke Harbour House is wanted for fraud November 2, 2018