The appellant tenant sued the respondent commercial landlord for damages arising from roof leaks and a non-functioning gas line.
The landlord obtained summary judgment dismissing the action.
On appeal, the Court of Appeal found that the motion judge erred by failing to resolve material factual disputes regarding when the tenant's obligation to insure commenced and whether the premises were insurable.
The motion judge also committed extricable errors of law in interpreting the 'as is' provisions of the lease by conflating 'Premises' and 'Building' and ignoring a relevant schedule.
The appeal was allowed and the summary judgment set aside.
