Background:
Dabanxiong Trading Corporation appealed a Supreme Court of British Columbia order denying its application for relief from forfeiture following termination of a commercial lease with 0733849 B.C. Ltd. The lease, signed in August 2021 for a Richmond, B.C. property, was terminated on November 17, 2023, due to non-payment of rent.

Legal Issues:
The key legal issue was whether the appeal was moot after Dabanxiong vacated the property and failed to maintain any claim to possession. The appellant argued that relief from forfeiture should still be considered, while the respondent asserted that the appeal was moot because the premises had been re-leased to a new tenant. The appellant also questioned the admissibility of hearsay evidence regarding the new lease.

The court addressed the doctrine of mootness, emphasizing that a live controversy must exist at the time of the decision. The appellant’s conduct—vacating the premises, failing to pay rent, and not seeking interim relief—indicated no practical ability or intention to reclaim possession.

Court Decision:
The British Columbia Court of Appeal dismissed the appeal as moot, stating that any decision would have no practical impact on the parties’ rights. The court found no compelling reason to exercise discretion to hear the moot appeal, as no significant issue of general importance was present.

Costs:
The court did not specifically award costs within the decision.

Disposition:
The appeal was dismissed as moot.