Tuesday, March 17, 2015

Boitanio Mall Court Case

In February of this year - the BC Supreme Court was asked to decide a matter involving a "restrictive covenant" involving the current Save on Foods site at Boitanio Mall and the former Zellers retail space in Boitanio Mall itself with the key question of:

Should the owners of Boitanio Mall be prevented from using the former Zellers retail space for a grocery store in direct competition to Save on Foods (Overwaitea)?, contrary to the registered Restrictive Covenant

It should be noted that Overwaitea did not object to Zellers operating a part of its' retail space for grocery foods at the time that Zellers operated until they closed in 2013

At the end of the day - the BC Supreme Court ordered the restrictive covenant restored which restricts that the former Zellers space being used as a grocery store in direct competition to Save on Foods

This two day court session on Feb 4/5 2015 involved a number of parties including the current owners of Boitanio Mall, Overwaitea, the BC Attorney-General, the Land Title Office, The City of Williams Lake and a number of provincial ministries...

Read the court decision here

In light of this court decision - there has been talk on Facebook recently that the former Zellers space will be converted to useable space for Brick's (a furniture store) later this year....

~SF

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