The Commercial Tenancy Act (1989)

Keywords: tenancy; Commercial Tenancy Act; landlord; tenant; apportionment; distress; bankruptcy; commercial; contract; subtenancy; agreement; covenant; lease; assignment; future rent; rent; loss; procedure; re-entry; occupation; land; damages; equity; liability; breach; trustee; forfeiture; possession; interesse termini; relief; overholding

The Commercial Tenancy Act governs a number of aspects of the relationship between commercial tenants and their landlords. The Act has aged considerably with both the subject matter and language requiring modernization. The key issues relating to the Act are thoroughly examined, and suggestions for reform are critically considered.

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Katie Sykes

Dean of the Thompson Rivers University Faculty of Law Appointee

Katie Sykes has been with the Faculty of Law at Thompson Rivers University in Kamloops, British Columbia since its early days in 2013. She has also practiced law as Counsel at Lawson Lundell LLP since 2022. She has published on animal law issues in various academic journals, is the author of Animal Welfare and International Trade Law (Elgar, 2020), and co-edited Canadian Perspectives on Animals and the Law (Irwin, 2015). She has a JD from the University of Toronto Faculty of Law, an LLM from Harvard Law School, and an LLM and PhD from the Schulich School of Law at Dalhousie University.

MARIE ONG

Staff Lawyer

Marie completed her law degree at the University of British Columbia and was called to the BC Bar in 2022. Prior to joining BCLI, Marie articled and worked as an associate at Vancouver-based national firm where she specialized in class actions, medical negligence, occupiers’ liability, and personal injury claims.

When she is not working, Marie can often be found biking or running the seawall, listening to live music, or cheering for one of Vancouver’s sports teams.

Emilie LeDuc

Law Society of British Columbia Appointee

Emilie LeDuc is a research lawyer and the Director of Professional Development at Harper Grey, where she conducts complex legal research and provides strategic advice on a broad range of civil and administrative matters. Before focusing her practice on legal research, Emilie practiced general litigation.

Emilie received her LL.B. from the University of British Columbia in 2008 and was called to the bar in 2009. She also holds an MLIS from the University of British Columbia.

Emilie is committed to supporting law students and junior members of the profession. She oversees Harper Grey’s student program, and supports students and junior associates with substantive advice and mentorship. She also teaches advanced legal research at the Peter A. Allard School of Law.

MARIA MICHOURIS

Articling Student

Maria completed her B.A. in international relations and political science at the University of British Columbia, and her J.D. at the University of Ottawa. Prior to articling with the British Columbia Law Institute, Maria summered with the Law Commission of Ontario where she worked on their Criminal AI Lifecycle Project.

In her free time, Maria juggles her various hobbies and spends time with her bunny and dog.

Stacey M. Edzerza Fox, K.C.

Law Society of British Columbia Appointee

Stacey is a member of the Tahltan Nation. She has been an Indigenous rights lawyer for more than twenty years, working with Nations to protect and advance the full enjoyment of their inherent, constitutional and human rights. Stacey is dedicated to achieving social and legal justice – and Indigenous cultural, social and economic well-being – through the revitalization and development of Indigenous laws, strong governance, strategic negotiations, and legislative and policy reform. This work includes collaborating to align Crown laws and policies with international human rights standards, and to develop new approaches and mechanisms in support of legal pluralism. In addition to her practice, Stacey is a member of her family governance structure participating in the Tahltan Central Government, in support of the exercise of Tahltan title and rights in unceded Tahltan territory.

Stacey’s place of work is within the traditional and unceded territory of the Sḵwx̱wú7mesh (Squamish Nation) and place of residence is within the traditional and unceded territory of the kʷikʷəƛ̓əm (Kwikwetlem Nation).

Edward Wilson

Board Chair

Edward Wilson is a partner with the Vancouver law firm Lawson Lundell LLP. Ed practices in the real estate and municipal law fields with a specialty in real estate development.

Working closely with sellers, buyers, and developers, Ed is a trusted advisor in connection with property and development projects spanning a wide variety of commercial, residential, industrial, resort and financing matters. Ed also provides advice on environmental matters in connection with real property.

Ed is one of the leading experts on strata corporation windups having completed a number of strata corporation windups as well as the first court approved windup in B.C. Ed has been an active member of a number of committees over the years proposing changes to strata property law, including the BC Law Institute’s committee that recommended changes to the Strata Property Act that allows for more the flexible rules facilitating windups.

Marian K. Brown

Vice Chair

Marian K. Brown is a sole practitioner conducting criminal appeals for both the Crown and the Defence. She has practiced as a senior prosecutor, as Defence counsel, and as founding counsel for the Independent Investigations Office of BC.

Marian is a member of the Canadian Bar Association National Policy Committee and previously the CBA Legislation and Law Reform Committee, reviewing legislation and policy in every area of law, with particular input on search and seizure of data, self-defence, and medical assistance in dying. She also served on many other CBA committees; on the Vancouver Planning Commission and Heritage Commission; and on the boards of various non-profit organizations. She has been an adjunct instructor of full courses in Evidence at the University of Victoria and at the Allard (UBC) faculty of law, and is Vice-Chair of the Board of Ingenium, the national museums of science and technology.

Tejas Madhur

Attorney General Appointee

Tejas Bahaar Virdi Madhur practices aboriginal law at JFK Law Corporation. She assists Indigenous peoples in exercising the right to self-determination, including through good governance and intergovernmental relations.

Tejas has worked in legislative development and drafting since the start of her legal career. She previously worked as Legislative Counsel for the Government of Nunavut, and as Legal Counsel at Tsawwassen First Nation.

Tejas obtained her Juris Doctor from Dalhousie University, and completed her articles with the Government of Nova Scotia. She was called to the Nova Scotia bar in 2014, and the Nunavut and British Columbia bars in 2015.

KEN CHAU

Communications Manager

Ken brings over a decade of experience in marketing and communications. With a background at many non-for-profit organizations, he is experienced in navigating the intricacies of this sector. Before joining BCLI, Ken was responsible for the fundraising campaign’s marketing communications plan and digital initiatives at Jewish Federation of Greater Vancouver.

Lisa C. Fong, K.C.

Attorney General of British Columbia Appointee

Lisa practices a blend of administrative, aboriginal and environmental litigation, and advising governmental bodies.

Her administrative law practice includes appearing before tribunals, acting for tribunals as their independent legal counsel, and designing/drafting tribunal legislation. In this work, she acts for Indigenous governments and non-Indigenous professional regulatory bodies. Her scope of experience is broad and includes providing legal services to committees on elections, codes of conduct, housing and employment, registration with a regulator, complaints resulting in inquiries or discipline, and internal review/appeal matters.

In her litigation practice, she has acted as counsel for Indigenous governments in the Commission of Inquiry into the Decline Sockeye Salmon in the Fraser River, the regulatory proceedings and the court hearings in Northern Gateway Enbridge Pipeline, the Reference re Environmental Management Act hearings, and most recently a judicial review on behalf of Gitxaala First Nation challenging the constitutionality of the mineral tenure system under the Mineral Tenure Act. She has a special interest in the intersection of Indigenous, Aboriginal, and environmental law.

Lisa and her firm regularly provide educational offerings in administrative and Aboriginal law.

Audrey Jun

Canadian Bar Association (BC) Appointee

Audrey Jun is a lawyer and Executive Director at Nidus Personal Planning Resource Centre, a non-profit charitable organization that was founded by groups involved in the community-based reform of B.C.’s adult guardianship legislation, and most notably, development of the BC Representation Agreement Act . Her legal background is in estates and trusts, with a focus on serving the disability and senior communities.

KAREN CAMPBELL

Executive Director | BCLI & CCEL

Prior to joining BCLI as Executive Director in 2020, Karen spent 20 years working as a lawyer and an advocate in the public interest, primarily in environmental and natural resources law. She has held senior positions at Ecojustice Canada, the Pembina Institute and West Coast Environmental Law.

Her expertise includes energy, mining, climate and environmental assessment law. She has worked to ensure accountability on important resource matters including interprovincial pipelines, fossil fuel developments and mining issues across BC, appearing before the BC Supreme Court, Federal Courts, the National Energy Board and the Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River. Karen has also worked on behalf Indigenous nations and communities directly affected by resource developments in BC, and particularly across northern BC, including BC’s northeast. More recently, she was a member of the 2017 BC Environmental Assessment Advisory Committee, which advised the Minister of the Environment and Climate Change on options for reforming BC’s environmental assessment process.

Karen worked with the Ontario Ministry of the Environment advising on policy and legislation before moving to BC in 1998. She obtained her BA from the University of Western Ontario, a JD from Dalhousie University, and her LL.M., with distinction, in International Environmental Law from the University of London.

Dr. Alexandra Flynn

University of British Columbia Appointee

Dr. Alexandra Flynn is an Associate Professor at Allard School of Law at the University of British Columbia where she teaches and researches in the areas of law and cities. Her work focuses on the constitutional role of cities and urban governance, and she has published numerous peer-reviewed articles, reports, and media articles in leading publications. She is currently leading CMHC and SSHRC-funded projects focused on Canada’s housing crisis: the Housing Assessment Resource Tools project, which redefines and helps to measure housing need; and the Balanced Supply of Housing Node, which brings together academic and non-profit community organizations to research responsive land use practices and the financialization of housing. She is also working on several projects related to precariously housed people in Canadian cities, including the governance of personal property of precariously housed people, and human rights and tent encampments.