Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
31286
IBI Leaseholds Ltd. v. Evergreen Building Ltd.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-10-16 | Appeal closed | |
| 2006-10-13 | Discontinuance of the appeal, (sent to the judges on Oct. 16/06) | IBI Leaseholds Ltd. |
| 2006-08-22 | Notice of appeal, Completed on: 2006-08-22 | IBI Leaseholds Ltd. |
| 2006-08-11 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-08-11 | Appeal hearing tentative date, 2007-02-13 | |
| 2006-06-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-06-26 | Judgment on leave sent to the parties | |
| 2006-06-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA033323, 2005 BCCA 583, dated November 29, 2005, is granted with costs to the applicant in any event of the cause. Granted, with costs |
|
| 2006-04-10 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2006-02-27 | Applicant's reply to respondent's argument, (Service rec'd. March 3/06), Completed on: 2006-03-03 | IBI Leaseholds Ltd. |
| 2006-02-17 | Respondent's response on the application for leave to appeal, Completed on: 2006-02-17 | Evergreen Building Ltd. |
| 2006-01-23 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-01-19 | Correspondence received from, John R. Singleton, Q.C. dated Jan. 19/06 to confirm that there is nothing in materials affected by Kelleher J.'s sealing order | IBI Leaseholds Ltd. |
| 2006-01-18 | Application for leave to appeal, Vol. I & II (C/A order rec'd March 22/06), Completed on: 2006-03-22 | IBI Leaseholds Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| IBI Leaseholds Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Evergreen Building Ltd. | Respondent | Active |
Counsel
Party: IBI Leaseholds Ltd.
Counsel
1200 - 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 682-7474
FAX: (604) 682-1283
Email: jrs@singleton.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Evergreen Building Ltd.
Counsel
2100 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3115
FAX: (604) 632-3115
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Property law - Common law - Remedies - Commercial lease - Landlord applying to terminate lease absent breach by tenant - Whether damages or injunction the appropriate remedy - Whether remittal to trial level for hearing on remedy required.
The Respondent Evergreen rented office space to the Applicant IBI for five years starting October 1, 2003 with an optional renewal of three or five years. In 2004, Evergreen notified IBI that it would not be able to comply with its obligations under the lease after February 1, 2005. It was Evergreen’s intention to demolish the building and erect a 21-storey tower. The lease did not include a demolition clause or a right of re-entry in the absence of a breach by the tenant. IBI refused to move. IBI alleges that the current building has special architectural value and therefore merits the remedy of specific performance.
Lower court rulings
Supreme Court of British Columbia
VA S052396
Respondent's application to terminate lease dismissed; Respondent permanently enjoined from breaching or continuing to breach the covenant of quiet enjoyment
Court of Appeal for British Columbia (Vancouver)
CA033323, 2005 BCCA 583
Respondent's appeal allowed and order set aside; matter remitted to Supreme Court for determination
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available