BYMR Yoga Studio Inc. v. Gosee Holdings Corporation

BYMR Yoga Studio Inc. v. Gosee Holdings Corporation

The phrase 'proportional share' in the lease means the tenant must pay a fair share of water proportional to its actual use; the landlord was entitled to render the September 29, 2013 account subject to adjustment once meter readings establish actual usage; the court cannot determine on this petition who must pay for the water meter or order injunctive relief regarding plumbing; the premature bailiff entry was a trespass attracting modest damages and partial reimbursement of bailiff fees.

Citation
2014 BCSC 1353
Parties
Petitioner/respondent: BYMR Yoga Studio Inc.; Respondent/petitioner: Gosee Holdings Corporation (now HBCAC Investments & Holdings Ltd.); Respondent: Absolute Bailiffs Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 July 2014
Procedural Posture
Petition (lease Dispute) / Reasons for Judgment
Outcome
Petition granted in part and dismissed in part
Legal Topics
Lease Interpretation, Water Charges, Additional Rent, Trespass, Quiet Enjoyment, Injunctive Relief, Costs
Source Language
English
Contract Real Property Tort Commercial Law Lease Interpretation Water Charges Additional Rent Trespass +3 more

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Parties

BYMR Yoga Studio Inc.

Petitioner/respondent

Gosee Holdings Corporation (now HBCAC Investments & Holdings Ltd.)

Respondent/petitioner

Absolute Bailiffs Inc.

Respondent

Procedural Posture

Petition (lease Dispute) / Reasons for Judgment

Legal Issues

  1. 1 Whether the lease permits landlord to render the September 29, 2013 account reallocating water charges
  2. 2 Whether the lease permits the landlord to charge the tenant for installation of a water meter
  3. 3 Whether injunction and/or damages for trespass are available on this petition

Ratio Decidendi

The phrase 'proportional share' in the lease means the tenant must pay a fair share of water proportional to its actual use; the landlord was entitled to render the September 29, 2013 account subject to adjustment once meter readings establish actual usage; the court cannot determine on this petition who must pay for the water meter or order injunctive relief regarding plumbing; the premature bailiff entry was a trespass attracting modest damages and partial reimbursement of bailiff fees.

Court Disposition

Petition granted in part and dismissed in part

Orders

  • Declaration that tenant pay its fair share of water proportional to its use in accordance with the September 29, 2013 statement or as otherwise agreed upon establishment of correct numbers
  • Award tenant damages for trespass in the amount of 500 CAD