Douglas landlord defends default decision

17-Oct-2003

The Semiahmoo First Nation is to present the British Columbia Supreme Court with its arguments for removing Douglas Crossing Duty Free from its property

The Semiahmoo First Nation, owner of the first choice site for the new duty-free outlet at Canada's Douglas Crossing, is preparing a legal defence of its decision to ask Douglas Crossing Duty Free president Michael Beler to leave the site. Beler obtained an injunction against the move after the landowner claimed that he had failed to open a temporary outlet by the October 1 deadline agreed in its lease agreement.

Semiahmoo councillor Sharon Charles told DFNI eXTRA that, despite making several concessions on the original agreement, Beler had failed to honour the contract. ?We have been very good to him,? she said, ?and even agreed to halve the size of the outlet to 3,000sq ft, costing us sales and saving him a great deal in construction costs.?

But Beler denied those claims and said that leaving the site would be damaging to both sides. ?In our original 2002 agreement we did have plans for a larger store,? he told TRW, ?but during renegotiations we both decided to reduce the size and go for a quicker transition to the permanent outlet. If I was made to leave the site now I would lose a lot after all the planning, and the Semiahmoo would also miss an opportunity to make millions.?

Charles said the landowner would be defending its decision in court on October 21. Meanwhile Beler is waiting to defend himself in another Douglas court case, brought against him by Peace Arch Duty Free president Peter Raju for allegedly reneging on a $2.2m share deal.

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(4-Nov-2003) - CANADA. Douglas Crossing Duty Free has nearly completed a 3,000sq ft (279sq m) temporary outlet at British Columbia?s Douglas Crossing.
(23-Oct-2003) - CANADA. Douglas Crossing landowner the Semiahmoo First Nation has revealed that it felt ?it had no choice? but to accept Douglas Crossing Duty Free (DCDF) as a tenant following discussions with the operator and tender-issuing body Canada Customs and Revenue Agency (CCRA).
(1-Jul-2004) - CANADA. Douglas Crossing Duty Free is hoping to open a permanent store on the British Columbia-Washington border by May 2005
(3-Dec-2003) - CANADA. The newly-opened Douglas Crossing Duty Free store on the British Columbia-Washington border will face competition from a pre-order point operated by West Coast Duty Free if construction plans are approved
(5-Sep-2002) - CANADA. As DFNI went to press, Peace Arch Duty Free was preparing to sue landowner the Semiahmoo First Nation band for alleged breach of agreement over its 20-year lease at the Douglas, British Columbia border crossing with the US. Peace Arch president Peter Raju has threatened a lawsuit unless a new contract is signed by the end of August.