Executive Summary: Key Legal and Evidentiary Issues

• Plaintiffs sought an interlocutory injunction to compel the landlord to allow parking line painting to meet municipal licensing conditions.

• Dispute centered on whether the lease contained an implied term requiring parking compliance with zoning bylaws.

• Plaintiffs alleged a binding oral agreement with the previous landlord to modify common areas for additional parking.

• Defendant asserted exclusive control over common areas under the lease and opposed unilateral tenant modifications.

• The court held the plaintiffs failed to demonstrate irreparable harm justifying injunctive relief.

• Injunction was denied; the defendant was awarded costs, with no damages assessed at this stage.

Facts and outcome of the case

Background and lease dispute

The plaintiffs, Ramezan Naghmeh and Leyla Mehmandoost, operated a daycare business called Marina Bay Academy Educational Childcare within a multi-unit commercial property owned by the defendant, 1530378 B.C. Ltd. They had entered into three successive leases with the defendant (and its predecessor) for different units on the property, intending to expand their daycare operations over time. The third lease specifically pertained to Unit 4, which they aimed to use for expansion.

A condition for expanding into Unit 4 was compliance with the District of West Vancouver's zoning bylaw, which required 20 delineated off-street parking stalls. The plaintiffs claimed that the defendant had breached the lease by failing to ensure compliance with this requirement and by preventing them from painting the necessary parking lines to satisfy the municipality. They also claimed that they had entered into an oral agreement with the previous landlord permitting changes to the common areas to facilitate the required parking.

Application for injunctive relief

In their notice of civil claim filed on July 25, 2025, the plaintiffs alleged breach of contract, promissory estoppel, and unjust enrichment, though only the breach of contract formed the basis of the injunction application. They sought an order prohibiting the defendant from interfering with their efforts to paint parking stall lines, which they argued was necessary to obtain licensing or permitting from the District.

The defendant opposed the application, arguing it had exclusive control of the common areas under the lease and was under no legal obligation to approve the parking changes proposed by the plaintiffs. The defendant also claimed to be developing alternate plans for the property and resisted any interference with its managerial discretion.

Legal analysis of the injunction request

The court applied the RJR-MacDonald three-factor test for interim injunctions: (1) a serious question to be tried, (2) irreparable harm, and (3) balance of convenience. It found that the plaintiffs met the low threshold of showing a serious question to be tried regarding whether the lease included an implied term about zoning compliance.

However, the plaintiffs failed to provide evidence of irreparable harm. They did not substantiate the nature of any contracts allegedly made with parents, nor did they explain why the lack of a building permit would halt their operations or cause business damage that couldn't be compensated by monetary damages. Additionally, the evidence showed they still had use of the other leased units and had not lost their daycare license.

On the balance of convenience, the court found that although the injunction would not cause the defendant significant harm, it would restrict the landlord's discretion to manage and reconfigure common property areas. There was insufficient justification to impose this constraint through interim relief.

Outcome and cost award

The court dismissed the plaintiffs’ application for an injunction. The defendant, 1530378 B.C. Ltd., was the successful party. The court awarded costs to the defendant, but no specific damages were assessed, as this was an interlocutory matter and not a final determination on the merits of the underlying contract claims.