A lawsuit has been filed by Cherry Lane Shopping Centre Ltd. against The Bay for owing them around $600,000 in unpaid rent since April. The lawsuit says The Bay has been given an eviction notice. (Monique Tamminga Western News)

Penticton shopping centre tries to evict The Bay, files lawsuit

A lawsuit filed in Supreme Court alleges The Bay hasn’t paid rent since March

The Bay at Cherry Lane Shopping Centre has been served an eviction notice and a lawsuit against them alleges that the retail giant refuses to leave.

Cherry Lane Shopping Centre Ltd. has sent The Bay an eviction notice for not paying rent since March. But the large retail outlet refuses to leave, according to a lawsuit filed in Penticton Supreme Court on Nov. 13.

According to the lawsuit, the shopping centre claims it is owed $546,255 in unpaid rent since April. The Bay was served an eviction notice this month. Monthly rent is $78,036.

The lawsuit alleges that The Bay, one of the shopping centre’s anchor tenants, has not responded to notices from the landlord.

On Nov. 10, 2020, the landlord served a demand for possession of the premises, indicated the lawsuit.

The Bay has not responded to the rent overdue notices but did send a letter to Cherry Lane on Sept. 4, alleging the landlord was in default of the lease for failing to maintain the Cherry Lane Shopping Centre in accordance with the standards of a “first class regional shopping centre” and by failing to take extraordinary marketing initiatives during the COVID-19 pandemic.

READ MORE: The Bay re-opens in May 2020

Cherry Lane Shopping Centre Ltd. denies the tenant’s allegations, saying it has adopted the requisite health and safety standards mandated by the applicable authorities and has exceeded those requirements in many areas as well as doing proper marketing.

The lawsuit further claims The Bay delivered a nearly identical letter regarding its tenancy at a shopping centre in Victoria.

The Bay first moved into Cherry Lane in 1993, agreeing to a 20-year-lease. That lease was renewed in 2013 and was to extended to 2023.

The allegations haven’t been proven in court.



monique.Tamminga@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter

Coronavirus

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A dose of COVID-19 vaccine is prepared at a vaccination clinic in Montreal’s Olympic Stadium on Tuesday, Feb. 23, 2021. THE CANADIAN PRESS/Paul Chiasson
39 new cases of COVID-19 in Interior Health region

The total number of cases in the region since the pandemic began is now at 7,334

Kootenay-Columbia MP Rob Morrison speaks during Question Period in the House of Commons. File photo.
Kootenay-Columbia MP supports motion condemning Uighur genocide

Rob Morrison says labelling Uighur persecution as a genocide sends a message to Chinese government

Decorative snowboards provided by Off The Wall. (Claire Palmer photo)
Wildsight Golden contest wraps up

Two decorative snowboards were awarded

Youth from Vernon, Kelowna, Penticton and the Kootenays were able to dig into two evenings of online learning and connection through United Way Southern Interior B.C.’s <CODE>anagan program. (Submitted)<code> </code>
CODEanagan gives youth a chance to learn about technology

The youth, aged 12 to 21, built their own WordPress sites and developed blogging ideas

A rainbow shining on Kelowna General Hospital on May 12, 2020 International Nurses Day. (Steve Wensley - Prime Light Media)
New COVID cases trending down in Interior Health

24 new cases reported Thursday, Feb. 25, death at Kelowna General Hospital

NorKam secondary student Karis Wilson in the outfit that got her sent home from school on Feb. 23, 2021
Black Press Media Weekly Roundup: Top headlines this week

Here are the stories that made waves in the Okanagan-Shuswap

Staff from the Marine Mammal Rescue Centre, passersby, RCMP and Nanaimo Fire Rescue carried a sick 300-kilogram steller sea lion up the steep bluff at Invermere Beach in north Nanaimo in an attempt to save the animal’s life Thursday. (Photo courtesy Marine Mammal Rescue Centre)
300-kilogram sea lion muscled up from B.C. beach in rescue attempt

Animal dies despite efforts of Nanaimo marine mammal rescue team, emergency personnel and bystanders

Gina Adams as she works on her latest piece titled ‘Undying Love’. (Submitted photo)
‘Toothless’ the kitty inspires B.C. wood carver to break out the chainsaw

Inspired by plight of a toothless cat, Gina Adams offers proceeds from her artwork to help animals

B.C. Finance Minister Selina Robinson presents bill to delay B.C.’s budget as late as April 30, and allow further spending before that, B.C. legislature, Dec. 8, 2020. (Hansard TV)
How big is B.C.’s COVID-19 deficit? We’ll find out April 20

More borrowing expected as pandemic enters second year

The first of 11 Dash 8 Q400 aircraft's have arrived in Abbotsford. Conair Group Inc. will soon transform them into firefighting airtankers. (Submitted)
Abbotsford’s Conair begins airtanker transformation

Aerial firefighting company creating Q400AT airtanker in advance of local forest fire season

Arrow Lakes Caribou Society said the new caribou pen near the Nakusp Hotsprings is close to completion. (Submitted)
Maternity caribou pen near Nakusp inches closer to fruition

While Nakusp recently approved the project’s lease, caribou captures are delayed due to COVID-19

Arrow Lakes Caribou Society said the new caribou pen near the Nakusp Hotsprings is close to completion. (Submitted)
Maternity caribou pen near Nakusp inches closer to fruition

While Nakusp recently approved the project’s lease, caribou captures are delayed due to COVID-19

BC Housing has proposed that the emergency winter shelter at Victory Church at 352 Winnipeg Street be extended as a shelter until March 31, 2022. It was originally intended to be open until April 1, 2021. (Jesse Day - Western News)
One more year of ‘temporary’ homeless shelter in Penticton?

BC Housing has applied to extend Victory Church as a shelter for those experiencing homelessness

The Canada Revenue Agency says there were 32 tax fraud convictions across the country between April 2019 and March 2020. (Pixabay)
Vancouver man sentenced to 29 months, fined $645K for tax evasion, forgery

Michael Sholz reportedly forged documents to support ineligible tax credits linked to homeownership

Most Read