A Irvin Schein

The landlord, 7Marli Limited, sought costs following a partial summary judgment for unpaid rent against its tenant, Pet Valu Canada Inc. The landlord claimed $8,742.91, including a portion for pleadings, productions, and discoveries.

The tenant argued the claim was excessive and proposed $4,500, limited to the motion's costs.

The court agreed with the tenant, awarding $4,500, all inclusive, for the motion only, deferring other costs to the main cause.

The landlord, 7Marli Limited, brought a motion for partial summary judgment against its commercial tenant, Pet Valu Canada Inc., for unpaid rent after the tenant vacated the premises.

The tenant resisted, arguing that partial summary judgment was an inefficient use of judicial resources and inconsistent with Supreme Court of Canada guidance on summary judgment.

The court granted the partial summary judgment, affirming the landlord's right to sue for rent arrears while keeping the lease alive, without a duty to mitigate, and distinguishing the case from those where partial summary judgment is inappropriate.