The interim ruling comes after
HBC filed an injunction to stop the eviction, citing an earlier claim that Oxford – which has a portfolio of malls including the
But in return, he directed the retailer to pay
Yet Hainey underscored that the interim ruling will not impact the final outcome of the case following a hearing on the merits of both HBC's and Oxford's claims.
In the decision late last month, he said the order doesn't stand in the way of HBC's "right to argue that no rent … is due and payable" or Oxford's "right to argue that (HBC) remains liable for payment of 100 per cent" of rent arrears.
Both Oxford and HBC positioned the interim ruling as a win.
“This is an interim order only and fully preserves all of our rights to seek the appropriate payment of rent,” he said in a statement. “The court has agreed to hear the claim in an expeditious manner, as we requested, and we are confident we will prevail.”
In a statement, he said HBC is grateful the court “has recognized the extraordinary challenges of the global pandemic and how the burden can be shared fairly and lawfully, especially as it relates to non-essential retailers.”
“HBC believes the courts will continue to provide a common-sense approach that is fair to landlords and retailers,” Putnam said. “The majority of Canada’s leading landlords share this view and have reached mutually acceptable agreements with us.”
He added that HBC has been an anchor tenant that has paid rent at the
“When they tried to evict us, without regard for the impact on our employees, vendors and other retailers, we had no choice but to defend ourselves,” Putnam said.
This report by
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