Posted Oct 9, 2020 at 8:00 am.
Claiming not to have been paid by Hudson & # 39; s Bay since April, Rockland Center and Mail Champlain have terminated their leases and are asking the court to order an eviction. Center Laval is also filing a lawsuit to end its tenant's lease for the past 49 years. In addition, Cominar's three shopping centers are claiming nearly 33 million euros from the retailer, who in turn denounces the intimidation of donors.
The hefty amount includes unpaid rents, indemnities (rents that would have been paid at the end of the term) and nearly 16 million for the "unamortized portion of incentives" awarded to Mail Champlain – one specifies in legal proceedings.
According to these documents, the Cominar trust for Quebec City real estate has not been paid by Hudson & # 39; s Bay (HBC) since April.
At Rockland Center, the store's monthly rent is $ 86,192; at Mail Champlain it is set at $ 110,212; at Center Laval for $ 20,492, specify the documents filed in Superior Court on Oct. 2.
On Thursday, La Presse reported that the Oxford shopping center manager is suing HBC to reclaim rents unpaid since April at Galeries de la Capitale in Quebec City and Promenades Gatineau. The claim amounts to 2.29 million.
Bullying and bad faith, says Hudson & # 39; s Bay
When asked by La Presse to comment on these judicial actions brought in Quebec, HBC spokesman Tiffany Bourre denounced the attitude of Oxford and Cominar.
“Unlike many of our owners, Oxford and Cominar have not acted in good faith. They have chosen not to bear their fair share of the damage caused by the ongoing global health crisis enough while using the justice system to intimidate us. In addition, they clearly target us in the hope of enticing other non-essential retailers, including victims of the pandemic, to pay their rent.
According to Tiffany Bourre, HBC is working with property owners to share the losses caused by the pandemic "amicably and logically".
“Unfortunately, Oxford and Cominar are not willing to work with us on a fair solution. In this situation, we look forward to the legal system determining what is fair and reasonable for all parties. "
Leases ended in September
In his lawsuits, Cominar alleges that he first sent HBC notice of default in mid-June for its stores in Mail Champlain, Brossard and Rockand Center in Montreal. Termination followed. "In accordance with the lease and the cancellation, the lease will therefore be terminated as of September 2, 2020." But the shops remained open.
Cominar now asks the court to "record" these terminations and order the evictions. The landlord is also claiming millions of dollars in damages and unpaid rents (3.7 million for Rockland and 27 million for Mail Champlain).
The situation is different with regard to Center Laval. Cominar asks the court to terminate the lease (the contract is not drawn up in the same way as the other two). The claimed amount is 2.2 million.
Cominar also issued three warrants for warrant in the hope that the court would compel HBC to pay her rent in court proceedings.
Amounts claimed by Cominar in Hudson & # 39; s Bay
Mail Champlain: 26.95 million
Center Rockland: 3.68 million
Center Laval: 2.21 million
Total: 32.84 million
Source: legal proceedings