THE ADVOCATE 725
VOL. 78 PART 5 SEPTEMBER 2020
nor the pond are part of the demised premises and therefore the Society
cannot argue for a rental reduction for anything related to their operation
(or failure to operate). However, without accepting your position on this, we
note that the lease includes the right of quiet enjoyment, and the work
undertaken by the landlord, in our respectful view, directly and materially
impacted our operations and ability to pay rent.
Happily for all concerned, the reflecting pond has now been operating for
some time, allowing the Inn to earn income from functions, and the Society
has enjoyed a good working relationship with the facility management
team over its operation.
2. The space is designed for use by the public
When the courthouse complex was designed by Arthur Erickson it had, in
its centre, a large space devoted to a restaurant overlooking an infinity
pond. The space was always intended to be a public one, and with the blessing
of the then Provincial government, the Lawyers Inn Society took over
operation of the restaurant, on the condition that it be open to the public.
Indeed, the government of the day paid the equivalent of $1 million in
today’s money to fit the space out for a restaurant.1
As we understand it, your current intent (and that of the landlord) is to
repurpose the space for offices. This would be an extremely unproductive
use of space and is one that was neither intended nor approved from the
Of the 6,562 sq.ft. of demised premises, 1,400 sq.ft. is taken up by the restaurant
kitchen, and another 148 sq.ft. by the 4th floor entrance and stairwell.2
Therefore, even assuming the 5th floor entry area is used for office space
(not all of it can be, given the need for wheelchair accessibility), only
around 5,000 sq.ft. (or around ¾ of the floor area) can actually be used. Furthermore,
the ceiling height is 18 feet (5.4 metres). There would be a significant
amount of wasted airspace and materially increased build cost for any
internal walls, absent plans to install a mezzanine floor (which itself would
increase cost and may or may not be feasible) to turn the space into offices.
The window walls would require modification also. The following pictures
illustrate the unsuitability of the space for offices.
The stunning views of the reflecting pond – one of the architect’s (and the
Law Courts complex’s) crowning achievements – would no longer be able
to be enjoyed by members of the public. Instead, it would be cut off forever,
1. The amount, as detailed on the 1984 lease, was $454,000.
2. As detailed in the 1984 lease, among others.