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The Court dismissed a confidentiality claim but found Hanch Enterprises unreasonably withheld consent to an assignment. Simply Ballet received nominal damages of $1,000.
Summary trial applications in a commercial lease dispute were dismissed as unsuitable because the record could not support necessary factual findings without oral evidence.
The court struck some pleaded allegations as irrelevant, argumentative, or unsupported, but left trespass and conspiracy claims intact. It refused to convert the tenancy petition or order a joint hearing.
Interpreting s.3 CTA in context, the court held that failure to reserve the last day does not automatically convert a sublease into an assignment where the objective terms of the sublease demonstrate the parties did not intend an assignment; here the sublease expressly excluded any renewal right for the subtenant and preserved Hazelton’s renewal entitlement, so Hazelton validly exercised the option and is entitled to possession and arbitration to determine rent.
Source excerpt
The Court held that because a limited partnership cannot hold legal title and acts through its general partner, the Leases would be assigned to HBC in its capacity as general partner; that assignment falls within the affiliate exception in the Leases so landlord consent was not required; accordingly the appeal was dismissed.
Source excerpt
The court allowed amendments to the pleadings, refused summary dismissal under Rule 9-7, dismissed the bare trust declaration, and sent the action to trial.
The court held that an alleged voidable fraudulent conveyance did not defeat the mortgagees’ security and granted an order nisi of foreclosure.
The Court of Appeal allowed the appeal, remitted the matter to Supreme Court, and extended the stay of a writ of possession until January 15, 2013.
The Court of Appeal held the modified sub-sublease did not extend or renew the term. The original lease expired on March 31, 2001, and the appeal was dismissed.
Utar Scientific Inc. (Bankruptcy of )
The court held the trustee could not deduct a letter of credit advance from the landlord’s preferred bankruptcy claim; the dispute over the credit had to be resolved among the credit parties.
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