Hui 789 Development Ltd. v. Fraserway RV Limited Partnership
Hui 789 Development Ltd.
Fraserway RV Limited Partnership
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Hunter Parsons

  • Facts: Hui 789 Development Ltd., the plaintiff and landlord, disputes with Fraserway RV Limited Partnership, the tenant, over the nature of their tenancy and the validity of a lease renewal. The tenant, involved in RV sales and services, has operated from a property in Delta since 1989, which the plaintiff purchased in 2018. A key issue is whether the 2016 lease agreement and its renewal options, exercised by Fraserway in May 2021, are binding under the new ownership.

  • Issue: The main issue is the dispute over whether the lease renewal option exercised by Fraserway is valid under the terms established with the property's previous owner and whether the current landlord, Hui 789 Development, is bound by this renewal.

  • Court's Ruling: The court declined to order document production related to insurance policies requested by the plaintiff, emphasizing non-compliance with procedural rules (Rule 7-1) for document demand. The court dismissed the application due to these procedural failures, not addressing the substantive lease renewal issue directly in this specific decision.

  • Costs/Damages Awarded: Costs of the legal proceedings were awarded to the defendant, Fraserway RV Limited Partnership, in the cause, reflecting the plaintiff’s failure to adhere to procedural requirements and the resulting dismissal of their application.

Supreme Court of British Columbia
S216625
Real estate
Defendant