Canadian Language Leadership Centre - CLLC Inc. v. 20 Eglinton Commercial Centre Inc.

Canadian Language Leadership Centre - CLLC Inc. v. 20 Eglinton Commercial Centre Inc.

The appeal was allowed and summary judgment set aside because the motion judge failed to resolve material factual disputes about possession timing and when leaks occurred (critical to the tenant's insurance obligation), and misinterpreted the lease by conflating 'Premises' and 'Building' and ignoring Schedule E; those extricable errors made summary determination inappropriate.

Citation
2018 ONCA 604
Parties
Plaintiff (appellant): Canadian Language Leadership Centre – CLLC Inc.; Defendant (respondent): 20 Eglinton Commercial Centre Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
29 June 2018
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
Appeal allowed; summary judgment set aside; costs awarded to appellant
Legal Topics
Summary Judgment, Lease Interpretation, Tenant Insurance Obligation, As‑is Clause, Property Damage
Source Language
English
Contract Law Landlord and Tenant Insurance Law Civil Procedure Summary Judgment Lease Interpretation Tenant Insurance Obligation As‑is Clause +1 more

Case Brief

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Parties

Canadian Language Leadership Centre – CLLC Inc.

Plaintiff (appellant)

20 Eglinton Commercial Centre Inc.

Defendant (respondent)

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether tenant assumed risk under lease insurance clause (clause 9.02)
  2. 2 When tenant's obligation to insure commenced and whether premises were insurable at that time
  3. 3 Scope of 'as is' clause and whether it applies to Premises or Building

Ratio Decidendi

The appeal was allowed and summary judgment set aside because the motion judge failed to resolve material factual disputes about possession timing and when leaks occurred (critical to the tenant's insurance obligation), and misinterpreted the lease by conflating 'Premises' and 'Building' and ignoring Schedule E; those extricable errors made summary determination inappropriate.

Court Disposition

Appeal allowed; summary judgment set aside; costs awarded to appellant

Orders

  • Set aside the motion judge's summary judgment, including the costs order below
  • Grant costs of this appeal to the appellant on a partial indemnity basis in the amount of $20,000 inclusive of disbursements and applicable taxes