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The court held the clinic company breached the head lease by vacating and closing the clinic, awarded KJPL partial damages, and dismissed an oppression petition.
Section 18.07 created an obligation to consult and negotiate in good faith about rent adjustments but did not supply an ascertainable mechanism permitting the court to unilaterally determine and impose a specific rent abatement; absent agreed benchmarks or a clear objective formula the court will not rewrite the contract or imply terms to set rent, and the motion judge did not err in finding no breach of good faith by the Landlord and in declining to impose a judicial rent adjustment.
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The Court of Appeal held that failure to obey a wildfire evacuation order breached the subleases but was not a fundamental breach. It reduced costs from Scale C to Scale B.
The court granted summary judgment for repayment of the loan, holding that equitable set-off was not available because the loan and lease claims were not sufficiently connected.
The court dismissed a summary trial application over a cannabis retail lease, finding credibility conflicts and unresolved issues about a condition precedent and alleged regulatory misrepresentation.
The Court of Appeal dismissed a contempt application, holding that non-payment of rent was a condition of a stay order, not an independent contempt obligation.
The court enforced contractual costs indemnities, awarded Cardero Scale C costs on the JVA counterclaim with double costs after August 19, 2021, and ordered equal trial-time allocation.
The Court of Appeal upheld the finding of a binding agreement to sell a law practice, but set aside a punitive damages award and sent it back for reassessment.
The court held the parties’ marina business was governed by corporate law, found oppressive conduct by Mr. Ewachniuk, and ordered his estate to buy out Mr. Short’s RBYS shares.
An exclusive countertop subcontracting dispute turned on contract interpretation, material purchasing, breach, settlement effects, mitigation, and lease overholding.
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