Ghag v. 0820632 B.C. Ltd.
Dharminder Happy Singh Ghag dba Happy Orthodontics
Law Firm / Organization
Nirwan Law Corporation
Lawyer(s)

Harpreet S. Nirwan

0820632 B.C. Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

L. Ghag

D. Ghag

Background: The dispute arose from a commercial tenancy involving family members. Ghag occupied a unit owned by 0820632 B.C. Ltd., which was equally held by Lily and Charmaine Ghag. He made certain renovations and began occupancy in July 2016 but had not paid rent except for two partial payments.

Trial Judgment: The trial judge found no enforceable lease agreement but concluded Ghag was unjustly enriched by using the premises without proper compensation. The judge awarded damages for unpaid rent and operating expenses totaling $135,383 and ordered Ghag to vacate by April 30, 2022.

On Appeal: Ghag argued the award for operating expenses was unsupported by evidence, challenging the admissibility of hearsay evidence provided by Charmaine Ghag to the property appraiser.

Legal Arguments/Issues:

  • Ghag contended the operating expenses were based on inadmissible hearsay and lacked supporting evidence.
  • The respondent, 0820632 B.C. Ltd., maintained there was sufficient evidence to support the damages awarded, including property tax assessments and comparable office space costs.

Analysis: The Court of Appeal dismissed the appeal, holding the trial judge did not err in accepting the property appraiser’s assessment of operating expenses, despite some reliance on hearsay. The judge's approach provided a broadly equitable result for unjust enrichment.

Disposition: The appeal was dismissed, affirming the order for Ghag to pay $219,783 in unpaid rent and operating expenses for the period from October 1, 2017, to April 30, 2022, minus amounts already paid.

Court of Appeals for British Columbia
CA47902
Corporate & commercial law
$ 219,783
Respondent