Plaintiff
Defendant
Background: Felicia Allen leased a barn, six outside stalls, and a paddock from Mejor Singh Khinda on June 28, 2021. The relationship deteriorated rapidly due to unmet expectations and non-payment of rent.
Legal Issues: Allen claimed Khinda falsely assured her she could run her horse rescue and equestrian therapy business on the property, leading to her financial losses when she couldn’t obtain a business license. She also alleged breach of quiet enjoyment, accusing Khinda of actions such as verbal and physical assault, placing obstacles like nails in the driveway, and disrupting her use of the property. Khinda counterclaimed for unpaid rent from October 2021 to January 2023.
Court Findings: The court found no evidence that Khinda knowingly made false representations or induced Allen into the lease, thus dismissing the fraudulent misrepresentation claim. The court also found Allen’s claims, such as the alleged listening device in the air conditioner, to be unsubstantiated and not amounting to grave and permanent interference, dismissing the breach of quiet enjoyment claim. However, the court awarded Khinda $33,900 for unpaid rent, with pre-judgment interest, for the period from November 2021 to January 2023.
Outcome: The plaintiff's claim was dismissed. The defendant's counterclaim was allowed. Mejor Singh Khinda was awarded costs at Scale B as the successful party.
Court
Supreme Court of British ColumbiaCase Number
S241816Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
Download documents