Facts: Dispute over a commercial lease between 1008718 B.C. Ltd. (landlord) and Osiria Welding & Fabrication Ltd. (tenant) due to alleged lease breaches.
Issue: Landlord sought possession and overholding rent for unauthorized use of premises, unauthorized subleasing, and lack of a business license by the tenant.
Court's Ruling: The court issued a Writ of Possession effective January 14, 2024, requiring Osiria and Saif to vacate the premises by that date. If they do not quit the premises before November 15, 2023, the respondents shall pay the landlord double the monthly lease amount for an additional two months, amounting to $52,920, in addition to the required $229,950.
Costs/Damages Awarded: The court awarded costs to the landlord on a solicitor-and-own-client basis, as per Clause 12.7 of the Lease. This aligns with precedents where commercial tenancy cases explicitly provide for such costs??. The respondents (Osiria and its subtenant) were ordered to pay the landlord $229,950, which they are jointly and severally liable for, as per Mr. Saini’s signed indemnity agreement.
