Background: The case involved 1380882 B.C. Ltd. (Plaintiff) and Aztec Properties Company Ltd. (Defendant) over the lease of premises for “Bimini’s Pub” in Vancouver. The Plaintiff became the tenant through an assignment in January 2023, with an option to renew the lease. However, the Plaintiff relied on verbal communication instead of providing the required written notice for renewal.

Legal Issues: The Defendant sought to set aside an ex parte injunction granted to the Plaintiff, citing non-disclosure of material facts. The Plaintiff argued it verbally renewed the lease, which the lease required to be in writing. Additionally, post-renewal dispute agreements temporarily extended the tenancy, which the Plaintiff claimed were signed under mistake and duress.

Held: The Court found material non-disclosure by the Plaintiff, as it had presented an incorrect version of the assignment document. Assessing the merits of a new injunction, the Court applied the test of a serious question to be tried, irreparable harm, and balance of convenience. The Court determined the lease unequivocally required written notice, which the Plaintiff failed to provide. The Court concluded the harm described by the Plaintiff was mostly financial and compensable with damages.

Costs/Damages Awarded: The Court set aside the ex parte injunction and denied further injunctive relief to the Plaintiff. Aztec Properties Company Ltd. was awarded costs of the application and the ex parte hearing at scale B. Special costs were not awarded as the non-disclosure was not deemed sufficiently egregious. Financial terms were not specified.