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 case of COVID-19 has been confirmed by Interior Health at Rutland Senior Secondary Saturday, Dec. 5, 2020. (Twila Amato - Black Press Media)
Case of COVID-19 confirmed at Rutland Senior Secondary

Interior Health lists possible exposure dates as Nov. 23-25, 27

Robert Riley Saunders. (File)
First Nations Leadership Council demands justice for victims of Kelowna social worker

Union of BC Indian Chiefs calls actions of Robert Saunders nothing short of ‘complete depravity’

(City of West Kelowna)
Large West Kelowna housing development back on the table

Council considering rezoning to accommodate 184 housing units, project hopes for ~933 by completion

Kelowna videographer Noah van der Eerden details why he thinks Kelowna is the best city in his video. (Noah van der Eerden - YouTube)
Videographer shows off Kelowna’s beautiful sights in heartfelt video

Noah van der Eerden moved to Kelowna from Vancouver two years ago

Children wait using physical distancing after getting their pictures taken at picture day at St. Barnabas Catholic School during the COVID-19 pandemic in Scarborough, Ont., on Tuesday, October 27, 2020. THE CANADIAN PRESS/Nathan Denette
Update: COVID-19 cases confirmed at more Kelowna schools

Interior Health announced a case has been confirmed at Chute Lake Elementary

A snow moon rises over Mt. Cheam in Chilliwack on Feb. 8, 2020. Friday, Dec. 11, 2020 is Mountain Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Dec. 6 to 12

Mountain Day, Dewey Decimal System Day and Lard Day are all coming up this week

A team of researchers at the University of British Columbia’s Okanagan campus are spearheading a project which hopes to improve the mental health of seniors living in rural B.C. communities. (Unsplash.com image)
UBCO researchers interview caregivers for rural adults’ mental health concern

The researchers are looking for participants who live or have relatives in rural communities

A laboratory technician holds a dose of a COVID-19 novel coronavirus vaccine candidate that's ready for trial on monkeys at the National Primate Research Center of Thailand. (Mladen Antonov | AFP)
WEB POLL: Will you take a vaccine for COVID-19?

Doses are expected to arrive in the new year

Travis Hirlaka, Vernon
PHOTOS: Sunrise paints Okanagan skies

Residents in the Okanagan captured stunning shots of a colourful start to Saturday

Staff and students at Vernon’s Fulton Secondary School were evacuated due to an electrical short that sent one person to hospital Friday, Dec. 4, 2020. (Kerry Hutter photo)
Vernon high school evacuated, one person injured by electrical short

Incident at Clarence Fulton Secondary forced brief evacuation Friday afternoon

Two Canadian petitions are asking to have elected officials removed from office. (Pixabay.com)
COLUMN: Petitions show loss of faith in democratic process

Online petitions from third-party sources have taken aim at elected officials in Canada

Chinook salmon spawning in the Fraser River near Tete Jeune Cache. ((Shane Kalyn photo, property of the Upper Fraser Fisheries Conservation Alliance)
North-Okanagan Shuswap MP petitions government to reform salmon management

Mel Arnold tables petition to allow more angler access to non-threatened Fraser River chinook salmon

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Shuswap Cider Company has applied for a licence that would accommodate a cider manufacturing facility, a tasting room and patio/lounge area at Westgate Market in Salmon Arm. (File photo)
Cider manufacturing facilty, tasting room and patio proposed for Salmon Arm

Council asked to raise a virtual glass to a licence for a cidery and amenities in Westgate Mall

Most Read