02/22/2016
More reasons for judgment issued today, where I successfully defended a commercial tenant against a landlord. The case is called Stearman v. Powers 2016 BCSC 263.
The tenant claimed the location they were leasing smelled bad and interfered with their business. They repudiated their lease. The landlord sued, but the court found that because the landlord did not follow the proper important procedural steps, they actually accepted the tenant's repudiation.
This is actually the 3rd time this matter has been litigated, after the landlord appealed the original trial decision. The Court of Appeal ordered a new trial, and this was the result of that.
It is one of those unfortunate cases where it seems to me that everyone thought they were doing the right thing -- but at the end of the day, this case illustrates that it is really important that landlords and tenants know what their rights and obligations are. There are some cases that just cry out for the Courts to assist, and this was one of them.
http://canlii.ca/t/gndqd
[1] This is a re-trial of the plaintiff landlord’s claim for damages for breach of a commercial lease.