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ARTICLE · 02 JUNE 2023

Kingsgate Property Ltd. V. Vancouver School District No. 39: Issue Estoppel And Prior Arbitrations Under The Same Agreement

Singleton Urquhart Reynolds Vogel LLP
Singleton Urquhart Reynolds Vogel LLP
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The British Columbia Supreme Court's decision in Kingsgate Property Ltd. v. Vancouver School District No. 39, 2023 BCSC 560 (Kingsgate v. VSD39) has implications for the application of issue estoppel...

CanadaLitigation, Mediation & Arbitration
James Little
James Little
Nicholas Reynolds
Nicholas Reynolds

The British Columbia Supreme Court's decision in Kingsgate Property Ltd. v. Vancouver School District No. 39, 2023 BCSC 560 (Kingsgate v. VSD39) has implications for the application of issue estoppel to multiple arbitrations on the same subject matter under the same agreement. Below, we review the case and outline our considerations in respect of the issues reviewed by the Court.

Brief Factual Background

In 1972, Vancouver's Board of Education of School District 39 ("VSB"), as landlord, entered into a lease with Royal Oak Holdings Ltd. ("Royal Oak") which included several renewal periods, for a total of 99 years (the "Lease"). Section 29.09 of the Lease prescribed a formula that set the rent for each renewal term as follows:

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