Bath v. 593144 B.C. Ltd.
Jasbir Bath also known as Jasbir Kaur Bath
Law Firm / Organization
Unrepresented
593144 B.C. Ltd.
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Gagan Khosa

Background:Jasbir Bath was a tenant of 593144 B.C. Ltd. and hoped to purchase the property she rented. Since April 2023, Bath had not paid rent. The defendant served her with notices to end the tenancy in June and August 2023. On September 21, 2023, Bath filed a notice of civil claim and a certificate of pending litigation (CPL) against the property, claiming a rent-to-own agreement. The defendant disputed these claims and sought to remove the CPL, arguing no enforceable agreement existed.

Key Issues: The court addressed several issues. Bath did not attend the hearing due to her husband's health issues, but the court proceeded due to her repeated delays. The court deemed the matter suitable for summary trial, as it hinged on whether Bath had an interest in the land. Bath's claim was found insufficient to support the CPL, as the agreements cited had expired or were unenforceable. The court ordered Bath to vacate the property within 30 days and granted a writ of possession to the defendant due to non-payment of rent.

Legal Arguments: The defendant argued for removing the CPL and obtaining vacant possession due to non-payment of rent and Bath’s lack of a valid claim to an interest in the property. Bath claimed unjust enrichment based on alleged agreements.

Costs and Award: The court awarded costs in favor of the defendant, 593144 B.C. Ltd., to be determined in any event of the cause. The total amount of costs was not specified in the judgment.

Supreme Court of British Columbia
S250955
Real estate
Defendant