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Landlord held responsible for property taxes and pre-lease utility arrears under commercial lease.
The applicant tenant brought an application for the interpretation of a commercial lease to determine responsibility for property taxes, utility arrears, renovation expenses, and management fees.
The court found that the lease unambiguously made the landlord responsible for property taxes.
The court also held the landlord responsible for utility arrears incurred prior to the lease that were necessary to maintain service.
However, the tenant was found responsible for renovation costs, as well as the landlord's reasonable legal and management fees.
Appeal of order appointing sales officer quashed as interlocutory; stay pending appeal dismissed.
The parties, equal shareholders in six corporations holding real property, were engaged in a commercial dispute involving competing oppression claims.
The motion judge appointed a Sales Officer to initiate a process for the potential sale of the properties.
The appellant appealed the order and sought a stay pending appeal, while the respondent moved to quash the appeal on the basis that the order was interlocutory and required leave.
The Divisional Court held that the order was interlocutory because any actual sale required further court approval, meaning no substantive rights were finally determined.
Consequently, the appeal was quashed for lack of leave, and the motion for a stay was dismissed as premature since no irreparable harm could occur before a sale was approved.
