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The court held that changing one back-door lock did not repudiate the lease, but the landlord later wrongfully distrained and sold equipment, attracting double damages.
On a costs application after trial, the court held the plaintiff was the successful party, but reduced Scale B party-and-party costs by 50% because of false evidence and disclosure failings.
The court found the landlord wrongfully terminated the lease and locked out the tenant, but the seized business assets belonged to a non-party corporation.
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