Background: Jon Scott Gray, Colin McTavish, and Shirley Giggey, the plaintiffs, were tenants at 1534 Harwood Street in Vancouver. The defendant, 1534 Harwood Street (St. Pierre) Ltd., was their landlord. The dispute centered on 99-year leases that began on May 1, 1974. The plaintiffs claimed that since May 2017, the defendant breached various terms of the leases.

Legal Arguments/Issues: The plaintiffs alleged that the defendant failed to keep the building in good repair and condition, improperly included legal fees and disbursements in Operating Expenses, and did not provide full accounting and audits of Operating Expenses. They sought to maintain their action as a representative proceeding. The defendant opposed this, arguing that the action should not proceed in this manner due to issues with limitation periods, res judicata, and the existence of sub-tenancies.

Court's Analysis: The court evaluated the suitability of the action as a representative proceeding, focusing on whether the issues were common to all tenants. The interpretation of the lease and the application of Operating Expenses were found to be common issues. The defendant’s arguments on limitation periods, res judicata, and sub-tenancies were considered but did not preclude a representative proceeding.

Judgment: The court dismissed the defendant's application, allowing the plaintiffs to continue their action as a representative proceeding.

Costs and Awards: The plaintiffs were awarded standard costs in the ordinary course. The exact total amount was not specified in the judgment.