Case Overview:
The case involved plaintiffs Jon Scott Gray, Colin McTavish, and Shirley Giggey, tenants in a residential building at 1534 Harwood Street, Vancouver, against their landlord, 1534 Harwood Street (St. Pierre) Ltd. The tenants claimed breaches of their leases and sought declaratory relief, specific performance, and damages.

Key Legal Issues:

1. Breach of Lease: The tenants alleged that the landlord improperly included legal fees in the building’s operating expenses, failed to perform maintenance, and did not provide proper audits or accounts.
2. Legal Fees as Operating Expenses: The landlord claimed it was entitled to recover legal fees under the lease terms, which the tenants argued was unfair and improper.
3. Preservation Order: The tenants sought an interlocutory order requiring the landlord to deposit legal fees collected from tenants into court to protect disputed funds pending trial.

Court's Findings:

1. Application Dismissed: The court held that the tenants did not demonstrate entitlement to a specific fund, nor a risk of dissipation. While there was a substantial issue to be tried regarding the lease's interpretation, irreparable harm was not proven, and the balance of convenience favored the landlord.
2. Costs Awarded: The landlord was awarded costs for the application, payable in the cause.

Outcome:
No monetary award was determined at this stage, as the matter concerned interim relief pending trial.