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On summary trial, the court upheld termination of a commercial lease for non-payment, awarded outstanding rent and expenses, and denied loss of future rent.
The Court held that the COVID-19 government lockdowns prevented the landlord from enabling tenant use as contemplated by Clause 15.14, which required that rent 'shall fully abate' during such period; the trial judge's interpretation was reasonable and not a palpable and overriding error, therefore rent was abated and the appeal was dismissed.
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The court allowed Newton Arms Pub Inc. to be added as a plaintiff in a solicitor-negligence action, preserved the defendants’ limitation defence, and adjourned the trial.
The covenant to operate continuously was a continuing obligation; by electing to affirm the lease Pickering preserved successive causes of action accruing each day Trillium failed to perform, creating a rolling two-year limitation period that allowed recovery for breaches within two years prior to the February 16, 2012 action (Feb 16, 2010 to May 31, 2011); the restoration claim arose at lease expiry and was not statute-barred.
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Undefended trial over commercial lease breaches. The court held the numbered companies and Mr. Elder liable for unpaid rent, triple-net costs, repair costs, legal fees, and interest.
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