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04-13-2015, 02:15 PM
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#1 | | RS Lurker, I don't post!
Join Date: Apr 2015 Location: Vancouver
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| Strata Violating Bylaw
We opened a dog grooming store in Vancouver many years ago. We have this bylaw: An owner, tenant or occupant of strata lot shall not use a strata lot in any way that corresponds with or similar to that of any existing use of a strata lot unless the prior written consent of the owner, tenant or occupant and the council is obtained. 3 weeks ago, a new store opened up in the same complex, offering the exact same services as ours. We complained to strata, but since they are also the leasing agency for this new store, they are profiting from this and unwilling to help. We checked with a lawyer, and since we are taking on the strata/leasing agency, they have more money than us, so if they drag the lawsuit on, we will not be able to afford it. We talked to a few media outlets, but this issue is too small for them to investigate.
Lastly, we sent legal letters to the strata/leasing agency, and they finally responded: They said that the stores are not similar enough to affect our business, and so we should just sit down and work with this new store.
We checked with the City of Vancouver. We have the same animal license including dog day care and pet grooming.
Us: Rejoice Pet Salon
Them: Pipsqueak Pups is a cozy doggie daycare for small dogs
It's rather sad to see that the strata can get away with violating bylaws. Is there anything we can do?
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04-13-2015, 02:43 PM
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#2 | | Everyone wants a piece of R S...
Join Date: Mar 2012 Location: YVR
Posts: 352
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Call 3-1-1 and ask.
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04-13-2015, 03:36 PM
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#3 |
Join Date: Apr 2006 Location: Burnaby
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it could be argued that your store is a Pet Salon, vs their Day Care.
both websites show that you're more focused on the different cares
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04-13-2015, 04:08 PM
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#4 | | #savethemanuals
Join Date: May 2008 Location: Richmond
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Pipsqueak Pups also caters exclusively to small dogs.
Both sides have valid arguments, I guess it depends on the interpretation of "use... that corresponds with or similar to"
Did the lawyer say you have no case or that you may have a case but it is just not worth pursuing?
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04-13-2015, 04:13 PM
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#5 | | I contribute to threads in the offtopic forum
Join Date: Mar 2004 Location: Vancouver
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Good luck with the fight but judging by what they advertise, you are in fact two different businesses offering different services.
You may have similar clientele, but your business is not the same.
Based off your comment and the description of the businesses it sounds more like you are in fear that you may loose business to them and are trying to find a way to shut them down. Rather than do that, why not find a way to offer a better service than them at a better price point. Being that you are established and they are new it should not be hard to do.
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04-14-2015, 02:25 PM
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#6 | | I answer every Emotion with an emoticon
Join Date: Apr 2004 Location: BC, HK, USA
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Salon vs. daycare.
just because they overlap doesn't mean it's exactly the same services. I think you need to rework your business plans.
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04-14-2015, 03:09 PM
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#7 | | The RS Freebie guru
Join Date: Jul 2001 Location: East Vancouver
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For those that didn't look that closely at Pipsqueak Pups services, while they are primarily a daycare, they offer grooming services.
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04-14-2015, 03:38 PM
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#8 | | RS controls my life!
Join Date: Mar 2012
Posts: 768
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Not sure why the leasing agency wants their tenant businesses to cannibalize each other. I guess they don't see any benefit to having long-term tenants. This clause is supposed to benefit both the lessors and lessee over long-term.
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04-14-2015, 11:48 PM
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#9 | | I answer every Emotion with an emoticon
Join Date: Apr 2004 Location: BC, HK, USA
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You have every right to be a salon and offer daycare on the side.
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