Respondent
Petitioner
Facts: Wentworth Properties Inc., the landlord, filed a petition against Zetan Enterprises Corporation, the tenant, for breaching the terms of a commercial lease. The breaches included unauthorized changes in the use of the premises and failure to pay rent. The tenant disputed these claims, arguing there were no triable issues and that the issues had been previously decided by Justice Watchuk.
Issue: The primary legal issue was whether the tenant breached the lease terms and if the landlord was entitled to a writ of possession under the Commercial Tenancy Act.
Court's Ruling: The court determined that there were triable issues regarding the alleged breaches of the lease terms by the tenant. The judge found that the landlord had established a prima facie right to an inquiry into obtaining a writ of possession. The court noted that this did not resolve the substantive issues, which would be addressed in a second stage of hearings.
Costs/Damages Awarded: Costs for this stage of the hearing were awarded to the landlord, Wentworth Properties Inc., against the tenant, Zetan Enterprises Corporation. The specific amount was not detailed, implying it followed standard legal costs associated with such proceedings.
Court
Supreme Court of British ColumbiaCase Number
S226315Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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