Delane Industry Co. Ltd. v. Tsawwassen Quay Market Corporation
Delane Industry Co. Ltd.
Law Firm / Organization
Wilson Sonsini Goodrich & Rosati
Tsawwassen Quay Market Corporation

Background: Delane Industry Co. Ltd. (Plaintiff) had a longstanding dispute with Tsawwassen Quay Market Corporation (Defendant) over a sublease agreement for a retail space at the Tsawwassen Ferry Terminal. The conflict originated in 2010 when the Defendant refused to renew the Plaintiff's sublease. The legal battle spanned over a decade with multiple actions and appeals.

Legal Arguments/Issues:

  1. Sublease Renewal: Delane argued it had validly exercised its right to renew the sublease, which the court previously dismissed.
  2. Common Area Expenses: A registrar found that neither party owed any funds related to common area expenses, confirming all payments were properly made.
  3. Vexatious Litigation: The Defendant sought to have Delane Industry Co. Ltd. and its director, Karry Au Yeung, declared vexatious litigants due to repetitive and unfounded legal actions.

Court's Findings:

  • The court confirmed the registrar’s report, upholding that no amounts were owed between the parties for common area expenses.
  • The court found Delane and Karry Au Yeung to be vexatious litigants due to their persistent, baseless litigation efforts.

Costs Award: The court ordered Delane Industry Co. Ltd. and Karry Au Yeung to pay costs to Tsawwassen Quay Market Corporation. Additionally, it allowed the Defendant to use funds held in trust as security for costs to cover extant awards. Specific cost amounts were not detailed but were awarded in favor of the Defendant.

Supreme Court of British Columbia
S103253
Civil litigation
Defendant