Grewal v. Gill
Amritpal Singh Grewal
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Gautam Dhillon

Sarabha Transport Ltd.
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Gautam Dhillon

Manjit Kaur Gill
Law Firm / Organization
Lawson Lundell LLP

Background: The case "Grewal v. Gill" involved a commercial tenancy dispute. Amritpal Singh Grewal and Sarabha Transport Ltd. occupied part of a property owned by Manjit Kaur Gill in Langley, British Columbia. The plaintiffs operated a truck-driving school and claimed their tenancy was governed by a lease dated February 6, 2021, while the defendant asserted it was month-to-month based on a lease dated May 1, 2021.

Legal Arguments/Issues: The plaintiffs argued the February 2021 lease, expiring February 28, 2030, was valid and disputed the authenticity of the May 2021 lease, denying any oral month-to-month agreement. They sought an interlocutory injunction to stay on the premises and continue their business until trial or settlement. The defendant claimed the February 2021 lease was not authentic and that the valid lease expired in October 2021, continuing month-to-month afterward, leading to a notice to quit and demand for possession.

Held: The court applied the RJR-MacDonald test for issuing an interlocutory injunction. It found the plaintiffs' claim met the low threshold of a serious question to be tried but failed to provide sufficient evidence of irreparable harm if the injunction was not granted. The balance of convenience favored the defendant due to regulatory risks and the plaintiffs' lack of financial security for damages. The court dismissed the plaintiffs’ application.

Costs/Damages Awarded: The court awarded costs to the defendant, Manjit Kaur Gill, though the total amount was not specified.

Supreme Court of British Columbia
S252726
Real estate
Defendant