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Tenant failed to prove TMI overcharges; landlord awarded unpaid additional rent.
A commercial tenant brought an action alleging overpayment of additional rent and damages after disputes with its landlord concerning taxes, maintenance, and insurance charges under a net lease.
The landlord counterclaimed for unpaid rent and interest, relying in part on recalculated square footage measurements conducted years into the lease.
The court held that the landlord could not retroactively recalculate rent based on new measurements taken nine years into a ten‑year lease, and that the contractual square footage originally used by the parties governed.
The tenant failed to prove any improper TMI charges, while the landlord established entitlement to unpaid additional rent based on the original measurements.
Judgment was granted on the counterclaim for $118,761.68 plus interest accrued on funds paid into court.
Appeal and cross-appeal dismissed; Tribunal had jurisdiction to impose conditions on real estate broker's registration.
The appellant appealed a Tribunal decision imposing conditions on his real estate broker registration.
The respondent cross-appealed the Tribunal's finding that the appellant would conduct his business with honesty and integrity.
The Divisional Court dismissed both the appeal and cross-appeal, finding that the Tribunal had jurisdiction under s. 14(5) of the Real Estate and Business Brokers Act, 2002 to impose conditions to protect the public.
The Court also found the Tribunal's conclusion regarding the appellant's past conduct and future integrity was reasonable.
