A dispute over a sublease at the Vancouver Convention Centre has pitted tenant Bellaggio Convention Centre Inc. against BC Pavilion Corp., PCI Convention Corp. and PCI Waterfront Leasing Corp. in the BC Supreme Court.
Bellaggio filed a civil claim against the three defendants on February 3, alleging breach of Bellaggio’s sublease.
The statement of claim contends that the tenant signed a sublease with PCI Waterfront in April 2010 for the rental of two units at the Vancouver Convention Centre. It contends that, under the lease, the two units were to be used as a fully licensed restaurant-café and/or primary licensed wine bar, and a Venetian-themed specialty coffee shop and licensed eatery and/or a licensed wine bar.
It alleges that while the plaintiff was carrying out renovations, the defendants “committed numerous incidents of breaches of contract by shutting down the tenant’s work or alternatively drastically limiting the hours of construction outside of the normal business hours and in breach of the hours set out in [the sublease].”
It further claims that on January 10, 2012, Bellaggio met with PCI Waterfront and the parties agreed to change the restaurant to a wine bar and lounge with extended hours of operation and occasional live entertainment.
But it contends that on January 13, 2012, PCI Waterfront then advised Bellaggio that televisions would not be acceptable and live entertainment would be prohibited.
“In preventing the tenant from operating in accordance with the use of the premises, [PCI Waterfront] has committed a fundamental breach entitling the tenant to terminate the sublease and claim damages,” the statement of claim contends.
Bellaggio is seeking damages and a declaration that the defendants have “fundamentally breached the sublease by refusing to allow the plaintiff to operate a liquor primary establishment and entitling the plaintiff to terminate the sublease.”
None of these allegations has been proven in court.
