Is there any case law or precedent for the issue of good faith in a commercial real estate proceeding?
British Columbia, Canada
The following excerpt is from Baumann v Aarti Investments Ltd., 2018 BCSC 636 (CanLII):
The context of and evidence in the proceeding was more than sufficient to raise the issue of good faith. This was clearly a situation where Aarti was being accused of conducting a so‑called “renoviction” by making an unusually long list of repairs after earlier failing to secure an increase in the rent by consent. In the context of this case, the Arbitrator needed to properly wrestle with the good faith issue which was central to the proceedings: Gallupe at para. 35; Gichuru v. Palmar Properties Inc., 2011 BCSC 827 at paras. 48–58.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does issue estoppel create unfairness through according preclusive effect to the results of a prior proceeding in a subsequent proceeding? (British Columbia, Canada)
Can a common issue or issue be tried in advance of individual issues? (British Columbia, Canada)
What are the issues costs for a party who is substantially successful on a discrete issue or issue? (British Columbia, Canada)
Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
Does a finding of bad faith on the part of the spouse in a claim for imputation of income for intentional unemployment or under employment require bad faith? (British Columbia, Canada)
How has the value of a parcel of land been determined in real estate law in the context of real estate transactions? (British Columbia, Canada)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
Can a plaintiff add a common issue addressing whether the mortgage provisions in issue are illegal or contrary to public policy? (British Columbia, Canada)
