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Background:
Masood Qayumi, operating King’s Barber Shop, leased commercial property from 0881789 B.C. Ltd. The lease, dated December 11, 2016, included a five-year term with a renewal option. Disputes arose when Qayumi sought to renew the lease, but the landlord refused, claiming breaches of contract.
Legal Issues:
Whether Qayumi validly exercised his renewal option.
Whether the landlord had the right to refuse the renewal based on alleged breaches.
Whether implied terms should be read into the lease.
Court’s Findings:
The lease contained no preconditions for renewal, and the landlord had no discretion to refuse renewal.
The landlord’s evidence of lease breaches, including late rent payments, improper business conduct, and unauthorized renovations, was unreliable.
Even if breaches could invalidate renewal, the landlord failed to establish them.
The lease was validly renewed for five years, from January 1, 2022, to January 1, 2027.
Decision & Costs:
The landlord’s petition was dismissed.
The tenant’s renewal was upheld, and an injunction was deemed unnecessary.
Qayumi was awarded full costs for both actions, with a single set of costs after August 9, 2024. Financial terms were not specified.
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Respondent
Petitioner
Court
Supreme Court of British ColumbiaCase Number
S241329Practice Area
Real estateAmount
Not specified/UnspecifiedWinner
PetitionerTrial Start Date