A provincial Supreme Court justice has described the actions of the president and CEO of the B.C. Automobile Association as “deceitful” and "manipulative" in his dealings with a homebuilder he and his wife hired.
Eric Hopkins and wife Kandace Hopkins - a top executive at the Insurance Council of B.C. - hired Reid Developments Ltd. in August 2019 to build a new custom home and laneway house on their property in the 3000 block of West 22nd Avenue in Vancouver’s tony Dunbar neighbourhood.
The initial contract called for a final cost of $1.78 million, including a 15 per cent contingency.
But after the COVID-19 pandemic hit in March 2020 delays ensued and supply costs soared. The home was completed in June 2021 at a final cost of more than $2.4 million, according to the March 20 decision.
The Hopkins couple refused to pay the builder’s $650,209 final invoice on the basis the project was over budget, leading to Reid Developments owner Mike Reid filing a civil claim in court.
Reid told the court the Hopkins’ failure to pay came at great personal and financial cost to himself and his company. Reid lacked sufficient cash flow for subsequent projects and had to sell his family’s sailboat.
Justice Wendy Baker heard from both sides and examined the contract, finding it was a “cost-plus” contract, meaning the job was not guaranteed at a certain price.
Baker also determined that the Hopkins’ made requests for luxurious and premium finishings, adding to the final costs.
More so, Baker found Eric Hopkins was not a reliable witness.
First, Eric Hopkins made “clearly untruthful” assertions to Reid when negotiating the contract in 2019.
“Mr. Hopkins misrepresented facts to different people in negotiations, in order to get what he wanted,” said Baker.
Then, despite claiming to Reid that he had insufficient funds to pay, it turned out Hopkins told his mortgage broker he and his wife had just received significant increases in their salaries, including bonuses.
“When questioned about this at trial, Mr. Hopkins refused to acknowledge the blatant inconsistencies between what he told Mr. Reid and what he told the mortgage broker,” stated the judge.
“I find that Mr. Hopkins was deceitful in his manipulation of the Reids.”
Hopkins was also found to be deceitful and manipulative with his lender.
After representing to the lender that the funds were needed urgently to pay Reid, and representing to the appraiser that the construction costs were $2.4 million, Hopkins refused to pay Reid.
“Overall, I found Mr. Hopkins was not a reliable witness. I find he was inclined to say whatever he thought would get him what he wanted, both during the course of construction, and as a witness before me,” stated Baker, who found both Eric Hopkins and Kandace Hopkins breached their contract with Reid and ordered them to pay the company, plus interest.
Court costs have yet to be determined, per last month’s ruling.
“The Hopkins are devastated about the judgement,” the couple’s lawyer, Nicholas Hughes, told BIV in an email. “As the matter is still before the court, the Hopkins have no further comment at this time.”
BIV also reached out to BCAA.
“This is a personal matter for Eric Hopkins. We are aware of the case. At this time, we have nothing further to add,” stated spokesperson Stephanie Thatcher.
BCAA board chair Bill Snell declined to take questions by phone but sent a statement through Thatcher.
“Eric Hopkins made us aware of the situation. It is a personal matter and it is still before the court. Given the circumstances, we do not have any comment to share at this time,” stated Snell, who also chairs the board of Consumer Protection BC.
BIV also reached out to the government-funded Insurance Council of B.C., which regulates insurance providers such as BCAA.
As director of practice and quality assurance earning a salary of $249,000, Kandace Hopkins is in charge of the department that fields consumer complaints and handles licensee audits and inspections.
The council’s CEO, Janet Sinclair, declined to field questions by phone.
“In response to your query, we view this as a personal matter and will not be providing any comment,” stated council spokesperson Melinda Lau.
The council is overseen by B.C.’s Ministry of Finance.
