Plaintiff
Defendant
Background: The case involved a 99-year lease between Canada Life Assurance Company (plaintiff) and Siddoo A.K. Investments Ltd. (defendant) for a property at 1655 Haro Street, Vancouver. Siddoo was required to build and operate a 12-storey residential building and pay rent based on land market value (LMV) at specified intervals. In 2019, a dispute over the LMV calculation led to arbitration. The arbitrator set the LMV at $25,700,000, significantly increasing the rent.
Legal Arguments/Issues: The main legal issues included whether Siddoo breached the lease or if it was frustrated by unforeseen LMV increases and rent control regulations. The enforceability of the arbitration award determining the new LMV and rent increase was also contested. The plaintiff sought document disclosure to pursue allegations of fraudulent conveyance and preference against Narinder Chauhan and Gurmeet Sandhu. Additionally, the plaintiff questioned whether the defendants' property management breached their contractual obligations.
Held: Justice Maisonville dismissed the plaintiff’s application for further document disclosure and costs, ruling that the requested documents were neither material nor relevant to the case. The court found insufficient evidence for the plaintiff's claims of fraudulent conveyance or preference. Justice Groves had previously denied relief from implied confidentiality undertakings, and the court ruled this application was an improper attempt to revisit that decision.
Costs/Damages Awarded: The application was dismissed with costs awarded to the defendants, Siddoo A.K. Investments Ltd., Narinder Chauhan, and Gurmeet Sandhu. The plaintiff's arbitration cost award of $285,689.63 was upheld.
Court
Supreme Court of British ColumbiaCase Number
S214414Practice Area
Real estateAmount
$ 285,690Winner
DefendantTrial Start Date
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