Appellant
Respondent
Background: SCP 173 Realty Limited, SCP 173 Investment Limited, SCP 173 Dining Limited, and SCP 173 Management Limited (the "Appellants") purchased premises from Costa Del Sol Holdings Ltd. (the "Respondent") and leased them back for five years with a renewal option. The Respondent operated a restaurant, pub, and marina.
Legal Issues: The Respondent exercised the renewal option, leading to a dispute over additional rent. The Appellants served a termination notice and filed a claim alleging lease breach. The Respondent counterclaimed, asserting a valid renewal and sought to set the minimum rent at $27,500 per month. The judge confirmed the renewal but initially did not decide the minimum rent.
Document Production: The Appellants requested the Respondent's financial statements, which the judge dismissed, deeming them irrelevant to determining fair market rental based on similar premises in similar vicinities.
Minimum Rent Decision: The judge later set the minimum rent for the renewal term at $27,500 per month plus GST, preferring the Respondent's expert, familiar with the local area, over the Appellants' expert, who had methodological inconsistencies.
Appeal Outcome: The Appellants' appeal on both the document production decision and the minimum rent decision was dismissed. The judge’s interpretation of the lease and decisions were upheld.
Total Amount Awarded: The minimum rent for the renewal term was set at $27,500 per month plus GST. The appeal was dismissed, with no additional costs or awards specified beyond the minimum rent decision.
Court
Court of Appeals for British ColumbiaCase Number
CA48590Practice Area
Real estateAmount
$ 27,500Winner
RespondentTrial Start Date
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