A. Dorfman

The court dismissed the defendant Universal Protection Service of Canada Corporation’s motion for security for costs and a prohibition order against the plaintiff, Qun Zheng.

The court found that the motion for security for costs was not warranted at this late stage of the proceeding, given the delay in bringing the motion and the relatively small amount of unpaid costs from other proceedings.

The court also held that it lacked jurisdiction to prohibit Mr. Zheng from taking further steps in the action or from appealing without leave, as such orders would be overbroad and not supported by the Rules of Civil Procedure or the Courts of Justice Act.

The applicant tenant brought an application for declaratory relief regarding the exercise of an option to renew a commercial lease.

The respondent landlord argued the exercise was vitiated because the tenant was in material default of the lease, citing issues with insurance coverage, parking lot maintenance, waste, and contamination.

The landlord also argued a new lease agreement was required.

The court found the tenant was not in material default, noting the landlord's complaints were raised disingenuously during rent negotiations.

The court also held the lease did not require a new agreement for renewal.

The application was granted, and the tenant was awarded costs.