Royal Canadian Legion (Shalom Branch No. 178) v. Maple Crest Housing Society
Maple Crest Housing Society
Law Firm / Organization
Richards Buell Sutton LLP
Lawyer(s)

C. Nicole Mangan

The Royal Canadian Legion – Shalom Branch #178
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Gavin Cameron

Background:
In the 1970s, the Shalom Branch saw the need for senior housing and initiated the creation of the Maple Crest Housing Society to manage the apartment complex. The Shalom Branch used the meeting hall since its construction in 1978, paying a low rent sporadically, but no formal lease existed.

Legal Issues:
The Shalom Branch claimed that the meeting hall was held in trust for them or that they had rights under proprietary estoppel. Maple Crest argued that the Legion was merely a tenant or licensee, and the arrangement had been terminated.

Court's Decision:
The court found that the Shalom Branch had a right to continue using the hall under proprietary estoppel, owing to the long-standing relationship and contributions made. The court rejected the landlord-tenant relationship argument.

Costs/Award:
The Shalom Branch was awarded costs at Scale B, with the court setting the annual rent at $1,200, subject to inflation adjustments, and dismissing Maple Crest’s petition for vacant possession.

Supreme Court of British Columbia
S225975
Real estate
Petitioner