Disappointing loss for Vancouver Whitecaps

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Reference no: EM133682141

Question

On October 10, 2023, a riot broke out following a particularly disappointing loss for the Vancouver Whitecaps. The riot spread across downtown Vancouver with rioters overturning vehicles, setting fire to garbage cans, smashing storefront windows, looting, etc. The riot zone included Waterfront Street. The Divide's windows were smashed, and the external walls of the building as well as inside the store were vandalized. Rioters looted the store and caused significant damage to its display furniture and products. As a result of the riot, The Divide shut down its Waterfront Street store. It anticipates being able to reopen the store in about one month. They have not paid rent for the months of November 2023 to March 2024. The Divide's arrears of rent total $500,000. The Divide says that they should not have to pay the arrears because of the riot. The damage from the riot significantly impeded their ability to operate their business to the point where it was no longer commercially viable for them to do so.

The most recent lease agreement between The Divide and VAN Co. contains the following term:

The Premises may be used for any retail purpose or purposes. The Tenant shall have no obligation to operate any business nor conduct any business nor conduct any use in the premises either initially or at any time during the terms of this lease. ...

The CEO of The Divide has asked for a meeting with Ashley to talk about the arrears of rent.

Ashley has told you all the facts and would like your advice on what she should do.

Compose an email as the CEO of VAN Co. to Ashley setting out what you think the overall issues and risks are and the approach to take in the meeting with The Divide. Your email should answer the following questions at a minimum:

Will VAN Co. be successful if it sues The Divide for payment of the arrears of rent?

How should Ashley approach the meeting with the CEO of the Divide?

Is there anything VAN Co. should do to prevent something similar from happening in the future?

Reference no: EM133682141

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