Hudson’s Bay Company ULC v. Pensionfund Investment Ltd. 2020 BCSC 1959
Robert Cooper, K.C., and David McEwan, successfully represented the Hudson’s Bay Company in an application for an emergency injunction.
The defendant Pensionfund, is the landlord/manager of the Coquitlam Centre, and terminated Hudson’s Bay’s lease agreement for non-payment of rent, and seized control of the retail location. Hudson’s Bay filed suit, alleging that the defendant had failed to provide a “first class” shopping centre during the COVID-19 pandemic, and pursued an interim injunction permitting Hudson’s Bay Company to re-enter and re-open the retail location. The Court granted the injunction on terms requiring that Hudson’s Bay Company pay half of the outstanding and arrears and upcoming rental payments to the defendant. See Reasons for Judgment here.