Adam Brendan Brunswick

The court considered costs following a mixed-success application under the Ontario Business Corporations Act.

Although the applicants were awarded monetary relief, they failed on significant claims, including a request for 45% ownership and profits of the respondent corporation.

The court found success was divided and ordered each party to bear their own costs, referencing relevant offers to settle and prior case law on divided success.

The applicants sought relief under the Ontario Business Corporations Act for payment of 45 percent of the value of PowerNorth Utility Contractors Inc., arising from previous business dealings.

The court found that the applicants were proper complainants under the Act and entitled to remedies, including repayment of investments and services provided.

The court calculated the amounts owed for cash investment, use of premises, equipment, and services, and awarded interest.

The total award was $399,441.90.

The court declined to order a share of profits and urged the parties to agree on costs, noting divided success.

This costs endorsement follows a prior decision where the Court of Appeal allowed the tenant's appeal in part, extending the lease due to government-mandated COVID closures without rent during the extension, but reaffirming the tenant's obligation to pay rent during the closure periods.

The court ordered the tenant (appellant) to pay $20,000 in all-inclusive costs for the appeal, reflecting the divided success.

No costs were awarded for the motions, action, and counterclaim, as both the landlord and tenant experienced mixed success in those matters, and each party was ordered to bear their own costs.

The Landlord, Niagara Falls Shopping Centre Inc., brought a motion for summary judgment against its tenant, LAF Canada Company, for unpaid rent during government-mandated COVID-19 closures.

LAF counterclaimed, seeking rent abatement based on force majeure, frustration of contract, "damage or destruction" under the lease, and unjust enrichment.

The court granted the Landlord's motion, finding that the force majeure clause did not excuse rent payment as financial inability was explicitly excepted and payment could cure the failure to perform.

The frustration defense was rejected because the event was contemplated by the force majeure clause.

The "damage or destruction" claim was dismissed as it required physical alteration to the property, not merely inability to use due to the virus.

The unjust enrichment claim failed as the lease provided a juristic reason for the enrichment.

The appellant, a real estate development company, appealed a summary judgment dismissing its action against the respondents regarding a request for proposals for the redevelopment of Toronto waterfront property.

The appellant's proposal was disqualified for listing an ineligible person as an advisor.

When the appellant requested reconsideration, the sponsors declined to rescind the disqualification.

The appellant argued the sponsors owed a duty of fairness in the reconsideration process and that the fairness monitor was inadequately involved.

The Court of Appeal dismissed the appeal, finding no unfairness in the reconsideration process on a factual basis, without deciding the legal question of whether a duty of fairness was owed.

The plaintiff, CG Acquisition Inc., commenced an action against P1 Consulting Inc., Ontario Infrastructure and Lands Corporation (IO), and the Liquor Control Board of Ontario (LCBO) after being disqualified from a Request for Proposal (RFP) process.

The defendants brought motions for summary judgment to dismiss CG's claim, which was framed in tort, alleging breach of a common law duty of fairness and negligent investigation/service provision during the reconsideration of its disqualification.

The court granted summary judgment, finding no freestanding duty of fairness or care owed to a non-compliant bidder, and that the defendants' actions during reconsideration were reasonable and protected by a limitation of liability clause in the RFP.