André Fiset

This appeal arose from a successful application terminating two commercial leases for non-payment of rent and awarding arrears and damages for lost future rent.

The appellants challenged the application judge's final and interlocutory orders, alleging procedural irregularities, improper use of self-help remedies, failure to mitigate damages, and judicial bias.

The Court of Appeal dismissed all grounds of appeal, affirming the application judge's findings that an application was the appropriate procedure, self-help remedies were properly exercised, and there was no error in the mitigation assessment or evidence of bias.

The appeal was dismissed with costs awarded to the respondents.

The applicant, Shrawan Motwane, sought partial summary judgment to dismiss a counterclaim against him personally and for the return of personal belongings seized by the defendants.

The court granted the return of some personal items, finding they were not subject to the chattel mortgage, but dismissed the motion to dismiss the counterclaim, citing genuine issues requiring a trial and the risk of duplicative findings.