A medicinal marijuana producer has been ordered B次元官网网址� once again B次元官网网址� to vacate a property in Central Saanich by a judge.

On Dec. 23, Evergreen Medicinal Supply Inc. was ordered by B.C. Court of Appeal Justice Joyce DeWitt-Van Oosten to vacate the bunker-like facility near MichellB次元官网网址檚 Farm, which is used to grow cannabis, by Jan. 31, 2020. This comes after Evergreen was already ordered to vacate by Aug. 31 by a Supreme Court Justice back in July.

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The lengthy court battle between Evergreen and Phillip Illingworth, the property owner, dates back to 2017 and has seen multiple petitions filed by Illingworth asking for a declaration that Evergreen is wrongfully in possession of the land and premises.

In the latest turn of events, Evergreen filed a notice of appeal on Aug. 28 B次元官网网址� four days before they were ordered to leave. The appeal claimed a number of errors made by the chambers judge, including that there was an abuse of power during the second petition and in determining the end date of the lease.

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On Sept. 21, 2013, Illingworth and EvergreenB次元官网网址檚 director, Shaw Galbraith, signed a lease that Illingworth had prepared using a template from a different business context. Neither of the parties had a lawyer review the document before they signed it.

The lease contained a mistake. The lease states the duration of the lease would be a period of five years commencing on Jan. 1, 2014 and ending on Dec. 31, 2019. But, thatB次元官网网址檚 actually six years, not five.

DeWitt-Van Oosten stated that the initial judge did not err in determining the end date of the lease and stated that there was B次元官网网址渁 rational basisB次元官网网址� for the judge to conclude the reference to 2019 in the lease were errors. DeWitt-Van Oosten dismissed EvergreenB次元官网网址檚 three other reasons for the appeal and ordered the company to vacate the property no later than the end of January.

kendra.crighton@blackpress.ca
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