
Courtroom Showdown: Hudson's Bay Lease Sale Sparks Major Precedent Battle
2025-08-28
Author: Emma
In a high-stakes legal drama unfolding in Toronto, Hudson's Bay is embroiled in a fierce court battle that could reshape the future of retail lease sales in Canada. The conflict centers around the retailer's controversial decision to sell nearly two dozen leases to a B.C. billionaire, Ruby Liu.
This intense showdown ignited back in May when Hudson's Bay revealed its plan to transfer 28 leases to Liu. While three of those leases have already changed hands, a powerful coalition of landlords—featuring heavyweights like Cadillac Fairview and Oxford Properties—is vehemently opposing the additional sale, which could net upwards of $69.1 million.
The landlords argue that Liu’s proposed department store lacks the foundational experience and strategic planning to succeed. They fear that her inexperience could jeopardize their properties.
In court, Bay lawyer Maria Konyukhova asserted that the outcome of this case holds significant implications for lease sales across the board. Under the Companies’ Creditors Arrangement Act, the law allows companies in financial distress, like Hudson's Bay, to assign leases to new tenants even against landlord objections.
If Judge Peter Osborne rules in favor of Hudson's Bay, the decision could potentially recoup up to $50 million for the retailer’s most senior lenders, breathing new life into a business struggling under the weight of its past.
The court must weigh several critical factors: the support of an independent monitor overseeing Hudson's Bay's creditor protection, Liu’s capability to uphold lease obligations, and whether she represents an 'appropriate' tenant.
Although the monitor, Alvarez & Marsal, has expressed reservations regarding the lease assignment to Liu, the Bay contends that this deal could be the last viable option for maximizing value from its remaining leases.
Despite landlord criticisms around Liu’s ambitious plans—which allegedly include more than traditional retail offerings—Konyukhova argued that her latest business strategy will strictly adhere to the lease terms.
While debating Liu’s plans, landlords threw doubt on her renovation budget and timelines. Liu aims to invest $120 million into refurbishments and to launch her stores quickly, but landlords claim the current state of the properties demands significantly more time and funds than she has proposed.
Supporting Liu in the courtroom were nearly 20 of her staff and supporters, contrasting with the landlords’ pessimistic outlook by showcasing her determination to rise where others have fallen short. Dressed in red T-shirts emblazoned with her name, Liu’s team sought to highlight her commitment.
As tensions boil over, the landlords' motivations have come under scrutiny, with Hudson's Bay lawyers suggesting their fierce opposition stems from a desire to reclaim valuable properties and maximize potential rental income at the expense of Liu's venture.
The implications of this legal battle are profound, with outcomes that could alter the landscape of commercial leasing and set new benchmarks for tenant rights across Canada. Will Hudson's Bay emerge victorious, or will the landlords reclaim control over their properties?
The stakes are higher than ever, not just for Liu and Hudson's Bay but for the future of retail itself.