The Sooke couple that have been fighting for ownership of the Sooke Harbour House after a lengthy court case with a former partner have been awarded over $4-million. (Black Press Media file photo)

The Sooke couple that have been fighting for ownership of the Sooke Harbour House after a lengthy court case with a former partner have been awarded over $4-million. (Black Press Media file photo)

Couple that owned Sooke Harbour House awarded $4 million after lengthy court case

B.C. Supreme Court rules in favour of Frederique and Sinclair Philip

The Sooke couple that previously owned the Sooke Harbour House has been given a hefty payout after a brutal battle for control of one of B.C.’s most renowned hotels.

The B.C. Supreme Court awarded Frederique and Sinclair Philip more than $4 million for what it called a “six-year odyssey of lies, excuses, threats, intimidation and bullying” by Timothy Durkin and his partner Rodger Gregory.

For more than 35 years, the Philip’s owned, operated, and built the hotel into a world-class destination.

In 2012, the Sooke couple chose to sell the hotel to begin their retirement. But after three failed deals, they decided to go with Timothy Durkin and Rodger Gregory in March 2014.

ALSO READ: New owners of Sooke Harbour House aim for fall 2021 re-opening

The Philips were led to believe that they would get $2 million, as Durkin claimed his company, SHH Holdings, had the funds to cover the mortgage and interest owed on the property.

SHH Holdings never raised more than $54,000 from investors.

“They [the Philip’s] thought they had found honest and reputable business people who would comply with their contractual obligations and pay for the hotel,” Justice Bill Basran stated in his 94-page ruling.

“The Philips’ reasonable expectation of a comfortable and well-deserved retirement has been effectively stolen from them because they unknowingly put their future in the hands of these two fundamentally dishonest individuals.”

Durkin swore a false affidavit in 2017 to get an injunction to remove the Philips name from the hotel after they tried taking back control of the property, Basran said.

On Tuesday, the judge ordered Durkin to pay for $2.65 million in compensatory damages for breaching a share-purchase agreement in 2014, but also a settlement agreement in 2015 and an addendum later that same year. There will be a 4.75 per cent interest to be paid on top of that amount dating back to August 2015.

Also, another $1.36 million is to be paid for damages from a 2017 injunction order.

RELATED: Former owner of Sooke Harbour House suing Facebook for $50M over ‘imposter profile’

This isn’t the only case Durkin has dealt with in court.

The Sooke man is suing Facebook for $50 million for an “imposter account” that appears to be trolling him.

The account features a photo of Durkin’s face and the background of a person in handcuffs and an orange prison jumpsuit.

Durkin is also fighting a 2017 deportation order from Canada after his alleged involvement in a U.S. Ponzi scheme. His hearing is expected in early November.

READ MORE: Selling inn not an easy decision


 

Do you have a story tip? Email: vnc.editorial@blackpress.ca.

Follow us on Twitter and Instagram, and like us on Facebook.

aaron.guillen@goldstreamgazette.com

HotelsSooke

Get local stories you won't find anywhere else right to your inbox.
Sign up here

 

The Sooke couple that has been fighting for ownership of the Sooke Harbour House after a lengthy court case with a former partner has been awarded more than $4-million. (Black Press Media file photo)

The Sooke couple that has been fighting for ownership of the Sooke Harbour House after a lengthy court case with a former partner has been awarded more than $4-million. (Black Press Media file photo)

Just Posted

Ronald Schinners, owner of The Cabbie in the #YYJ, opened his taxi service in the West Shore last month. (Dawn Gibson/News Staff)
‘One man show,’ The Cabbie in the #YYJ cultivates 45,000 followers on Instagram

New taxi company brings unusual spunk to the West Shore

German Chancellor Angela Merkel has in the past warned of Öffnungsdiskusionorgien (translated as an orgy of discussions about openings), one of one of the 1,200 words added to the German lexicon as reported by the Leibniz Institute for the German Language. (Michael Kappeler/Pool via AP)
German lexicon grows by 1,200 words, many inspired by COVID-19 pandemic

Öffnungsdiskusionorgie (orgy of discussions about openings) among new entries

During a press event on March 6, Const. Alex Berube, media relations officer for the West Shore RCMP, addressed a deadly shooting that occurred in Metchosin the night before. (Devon Bidal/News Staff)
VIDEO: One man shot dead in ‘targeted incident’ on Sooke Road

Highway 14 reopens following multi-hour closure for investigation

Victoria man Brett Andersen is asking for people’s help to secure him one of eight free tickets to the moon. (Screenshot/@brettandersen Instagram)
Victoria man wants your help securing a free ticket to the moon

Japanese billionaire offering eight people a trip to the moon

The James C Richardson Pipe Band marches in a Remembrance Day parade on Nov. 11, 2019 in Chilliwack. Wednesday, March 10 is International Bagpipe Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of March 7 to 13

International Bagpipe Day, Wash Your Nose Day and Kidney Day are all coming up this week

The Port Alice pulp mill has been dormant since 2015. (North Island Gazette file photo)
Parts recycled, life returning to inlet as as old Port Alice mill decommissioned

Bankruptcy company oversees de-risking the site, water treatment and environmental monitoring

The Conservation Officers Service is warning aquarium users after invasive and potentially destructive mussels were found in moss balls from a pet store. (BC Conservation Officers Service/Facebook)
Aquarium users in B.C. warned after invasive mussels found at pet store

Conservation officers were told the mussels were found in a moss ball from a Terrace pet store.

Hockey hall-of-fame legend Wayne Gretzky, right, watches the casket of his father, Walter Gretzky, as it is carried from the church during a funeral service in Brantford, Ont., Saturday, March 6, 2021. HE CANADIAN PRESS/Nathan Denette
Walter Gretzky remembered as a man with a ‘heart of gold’ at funeral

The famous hockey father died Thursday at age 82 after battling Parkinson’s disease

Donald Alan Sweet was once an all star CFL kicker who played for the Montreal Alouettes and Montreal Concordes over a 13-year career. Photo courtesy of Mission RCMP.
Ex-B.C. teacher who was CFL kicker charged with assault, sexual crimes against former students

Donald Sweet taught in Mission School District for 10 years, investigators seek further witnesses

(Black Press Media files)
Medicine gardens help Victoria’s Indigenous kids in care stay culturally connected

Traditional plants brought to the homes of Indigenous kids amid the COVID-19 pandemic

Personal protective equipment is seen in the COVID-19 intensive care unit at St. Paul’s hospital in downtown Vancouver. THE CANADIAN PRESS/Jonathan Hayward
$16.9 million invested to improve worker safety, strengthen B.C.’s food supply chain

Money to be used for social distancing, personal protective equipment, cleaning, and air circulation

More than ever before, as pandemic conditions persist, the threat of data breaches and cyberattacks continues to grow, according to SFU professor Michael Parent. (Pixabay photo)
SFU expert unveils 5 ways the COVID-19 pandemic has forever changed cybersecurity

Recognizing these changes is the first in a series of steps to mitigate them once the pandemic ends, and before the next: Michael Parent

Most Read