Andrei Dobrogeanu

The defendants sought costs after the plaintiff's action, which included allegations of fraud and sought over $3.7 million in damages, was administratively dismissed.

The plaintiff had delayed the action for years, failed to set it down for trial, and ultimately abandoned the claims while leaving the serious allegations of fraud hanging over the defendants.

The court found the plaintiff's conduct worthy of sanction and awarded the defendants costs of the action fixed at $38,535 on a substantial indemnity basis, plus $3,750 for the costs of the motion.

The appellant landlord appealed an application judge's decision regarding a commercial lease dispute.

The landlord challenged the interpretation of 'audited statement' for Additional Rent and the finding that promissory estoppel prevented the collection of rent prior to January 1, 2021.

The Court of Appeal dismissed the appeal, finding no extricable error of law or palpable and overriding error of fact in the application judge's interpretation of the lease.

The Court also upheld the finding of promissory estoppel, noting that the tenant had detrimentally relied on the landlord's representation that rent would not be charged until January 2021.