Photo: Google Street View
The owners of the Acton SuperSave gas station have won a short-term victory with an injunction from the B.C. Supreme Court that will keep them on Penticton Indian Band land.
by The Supreme Court’s decision was announced Wednesday.William Vandekerkhove, Actton’s sole director, has operated the business, located at Green Mountain Road and Channel Parkway, on Penticton Indian Band land for the past 20 years.
Judge Neena Sharma granted the injunction against Acton in February, saying he was ordered to vacate the business without any notice.
The company had extended the lease multiple times, but landlords Adam Enias and Sandy Detchen have given written notice of their intention to terminate the lease, making it vacant by February 25, 2024. he demanded.
The landowner’s attorney then served a notice bringing forward the vacant title claim, arguing that the lease was invalid because it was not properly registered or approved by the Minister of Indigenous Services.
“There is evidence that one of the landlords may have posted on social media announcing his intention to take over the petrol station and promising better prices,” Judge Sharma said in his judgment. .
“Some of the communications attached to the affidavit lead to a reasonable inference that the landlord intended to allow certain portions of the gas station to continue operating for their own benefit, including the sale of marijuana and tobacco. We can check inventory and pick up inventory from retailers.”
Sharma also wrote that she has found that even if a rental agreement is invalid, that does not necessarily lead to a conclusion that the landlord’s actions are legal.
“In particular, I point out that the landowners claim that they are relying on a bylaw by the Penticton Indian Band that was apparently passed just last year. As far as I can tell, they are in compliance with that bylaw. “No, because they haven’t given Acton any information or notice,” they said in a complaint. ”
Mr. Acton is also responsible for the decommissioning and soil remediation surrounding the gas storage tanks, which he would not be able to do if he were removed from the business, under applicable environmental laws as specified in the lease agreement. They may continue to be held liable.
“Thus, Acton faces potential financial and legal liability while at the same time lacking the ability to ensure that the storage tanks are properly decommissioned if necessary,” Judge Sharma wrote.
There is no significant concern that the landlord will be irreparably harmed by the granting of the injunction, which prohibits the landlord from interfering in any way with Supersave’s business operations for a period of 60 days or until further order of the court. With that in mind, Sharna filed a restraining order.
Acton filed a civil suit on February 27, alleging that the landlords made “fraudulent or negligent misrepresentations” and seeking a declaration that the rental agreement was a binding and valid contract.
The company also filed a notice of application scheduled to be heard on April 12th.
As of Saturday, no responses had yet been filed by Aeneas or Dechen.
None of the allegations in the Current Litigation have been proven in court, and all named parties have the right to respond with a counterclaim if they choose to do so.
