[ad_1]
Photo: contribution
Penticton’s Cherry Lane Mall and its tenant, the Hudson’s Bay Company, have filed a couple of lawsuits against each other, while Cherry Lane tries to evict The Bay for failing to pay rent.
In a November 13 lawsuit filed in Penticton, Cherry Lane Shopping Center Holdings Ltd. claims The Bay has not paid its $ 78,036.49 per month rent since April 2020, resulting in over $ 620,000 owed, plus over $ 85,000. in taxes and reconciliation of rental costs.
The lawsuit outlines months of notices of default delivered to Hudson’s Bay, a lease termination notice served on November 9, and a tenure request on November 10. Cherry Lane claims that since then, The Bay has been “in undue possession of the premises and has refused to vacate”.
Hudson’s Bay Company, which operates The Bay stores, filed a lawsuit on the same day in the Vancouver Supreme Court, blaming Cherry Lane for the loss of revenue during the pandemic that prevented it from paying rent.
The lawsuit alleges that Cherry Lane did not make any updates to the HVAC system or air filters that would make the public safer and refused to install touchless doors, upgrade bathrooms, improve pedestrian controls and increase mall staff. responsible for “ensuring that customers comply with safety precaution, including wearing masks and physically walking away”.
Hudson’s Bay says this, coupled with a lack of marketing “to address customer concerns and encourage them to return,” has resulted in low customer traffic and a lack of revenue.
Sales have fallen sharply since the start of the pandemic, with the worst month being April. In April 2019, The Bay at Cherry Lane recorded $ 1,009,495 in sales, compared to just $ 4,634 in April 2020, a change of 99.5%.
Since spring, year over year, monthly sales losses have been between 23.9% and 32.3%.
The lawsuit also notes that 66 people are employed at The Bay at Cherry Lane and are in the process of hiring another 22 for the holiday season.
“All these people will lose their jobs if the shop closes,” the lawsuit reads.
In its own way, Cherry Lane denies it has not taken adequate health and safety measures and says it has “undertaken major marketing initiatives in recent months aimed at increasing the number of visitors to shopping centers.”
The Hudson’s Bay Company is seeking an injunction to prevent Cherry Lane from terminating the lease, which The Bay has held since 1996. Their lawsuit also mentions The Bay’s location in Victoria, BC, where the company is fighting a battle. similar against their landlord and is making similar arguments.
Hudson Bay has recently been successful in other parts of Canada by blocking eviction for unpaid rent.
Representatives from both sides were not immediately available for comment.
Photo: contribution
Bay’s revenues at Cherry Lane Mall as claimed in a lawsuit.
Source link
