Case information

Property law — Leases — Evidence — Whether the Court of Appeal erred in law in upholding the lower court’s refusal to admit fresh evidence demonstrating that prior orders were obtained through material misrepresentation and suppression of critical documents, raising a serious issue of fraud — Whether the Court of Appeal erred by refusing to permit the joinder of a party as a respondent — Whether the Court of Appeal erred in denying an application to compel the production of key documents.

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.

In 2005/2006, the parties were in a commercial subleasing relationship specific to retail space in a public market housed within Tsawwassen’s B.C. Ferry Terminal. The sublease required that the applicant, Delane Industry Co. Ltd., pay a portion of costs associated with the market’s common areas. The relationship broke down, the sublease was not renewed and the respondent, Tsawwassen Quay Market Corporation petitioned for vacant possession. Delane responded with a civil action of its own and the parties have been embroiled in litigation ever since.

A registrar’s report determined that no monies were owing by either side. The report was confirmed by a judge of the Supreme Court of British Columbia. Delane appealed and also brought a fresh evidence application in support of the appeal and sought judicial review of a decision of a chambers judge denying leave to add a third-party as a respondent to the appeal. All three matters were dismissed.