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Ontario Court of Appeal held the lease barred prospective rent after termination, dismissed claims for pool removal and other expenses, and upheld costs against Highbury.
Ontario Court of Appeal upheld partial summary judgment enforcing a lease change-of-ownership clause, awarding overholding rent and a writ of possession after sale of the property.
Because the lease expressly reserved ownership and title in the lessor and contained an indemnity clause allocating the risk of loss to the lessee, and because the insurance payout did not overcompensate the lessor for its loss, the lessor was entitled to the insurance proceeds and the claimant had no entitlement to any portion of the settlement.
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The Court of Appeal for Ontario granted Chayil Church interim injunctive relief restraining lease termination pending appeal, finding a serious issue, irreparable harm, and balance of convenience.
The court dismissed Dentalcorp’s summary trial application in a commercial lease dispute, finding the issues too fact-intensive, credibility-driven, and intertwined for summary resolution.
The court granted an interlocutory injunction preventing the City of Kelowna from terminating a 99-year lease pending two related judicial reviews.
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.
The court found the respondents wrongfully held commercial premises after notice to quit and a demand for possession, and issued a writ of possession.
Trial judgment in a commercial lease dispute over default notice, lease termination, tort claims, and defamation arising from a Victoria restaurant tenancy.
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.
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