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The court held Bella Valley must pay $2.02 million for the winery inventory, found Walter was wrongfully dismissed, and awarded WTJ Inc. unpaid consulting fees.
The written 2014 Addendum and prior lease were clear and unambiguous; the April 27, 2015 email exchange constituted at best an agreement to agree and did not create an enforceable collateral contract allowing unilateral reduction or elimination of hangar rent; Skylink breached the 2014 Addendum by ceasing to pay hangar rent and Applicant is entitled to damages to be quantified at a further hearing.
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The Court allowed the amendment and directed a trial because the damages claims flowed from the same factual nexus pleaded in the application and the supporting affidavit may properly be treated as the factual pleadings; therefore the claims were not new causes of action barred by the limitations period.
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The court affirmed that the clear language of the sublease (s.6) made the subtenant liable for all realty taxes applicable during the tenancy, including taxes assessed retroactively; the appellant could not advance new legal arguments on appeal that were not raised at trial; and laches did not apply because the assessment delay was attributable to MPAC and the appellant showed no detriment from the Township's conduct, therefore the trial judgment was upheld.
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The appeal is dismissed because the trial judge did not err in accepting Varajao's direct evidence, appropriately considered the house lease for quantifying unjust enrichment despite the conditional clause, and his findings about the barn and repair obligations were not inconsistent; costs were awarded to respondents 214 and Albert Varajao in the agreed amount.
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The court found the 2008 blueberry farm lease was validly signed, rejected duress and set-off defences, and awarded the plaintiffs $31,600 plus interest.
FDMA s.21 did not apply because plaintiffs were not secured creditors and Can-Pacific was not insolvent or otherwise eligible under ss.5 and 6; equity requires relief from forfeiture where the forfeiture would be disproportionate and unconscionable given the surrounding circumstances, and accordingly the court exercised its discretion to grant relief from forfeiture reinstating the lease and option subject to payment of the missed installment, provision of security and compliance with expert crop management recommendations.
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The trial judge erred in finding abandonment because the appellants demonstrated ongoing intent to retain the equipment within the critical period prior to the respondents’ disposition of the property; accordingly the respondents were liable for conversion and appellants were awarded nominal damages of $10,000 plus agreed costs of $6,700.
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The lease was a single instrument creating joint and several liability; Unisphere's bankruptcy constituted the event of default that triggered the two-year limitation period; the subsequent oral storage/set-off arrangement did not revive or extend the limitation period for Capmor's claim under the original lease; therefore the action was statute-barred and the appeal is allowed.
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The court held that Litke Development had a binding option contract, but it failed to satisfy the “best efforts” condition, so specific performance was refused.
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