Claude Lacroix

The applicant landlord sought overholding rent, damages to the premises, and unpaid water bills from the respondent tenant after the tenant failed to renew its commercial lease and eventually vacated the premises.

The court found it would be inequitable to enforce the full overholding rent provision due to delays in the court process, and ordered a reduced amount.

The court also awarded partial damages for repairs to the premises, dismissing claims that were unproven or already addressed by the tenant.

The tenant conceded liability for the water arrears.

Judgment was issued in favour of the landlord for $82,293.69.

The applicant tenant sought a declaration that it validly renewed its commercial lease or, alternatively, relief from forfeiture.

The tenant failed to provide written notice of renewal within the time required by the lease.

The court found that while the respondent landlord initially waived strict compliance during negotiations, it validly revoked that waiver by providing reasonable notice and a deadline for compliance.

The tenant failed to make diligent efforts to comply with the new deadline.

Consequently, the court held the tenant did not validly renew the lease and was not entitled to relief from forfeiture.

The plaintiff was severely injured in a head-on collision after losing control of her vehicle on a snow-covered and slippery municipal road.

The plaintiffs sued the municipality for negligence in its winter road maintenance.

The court found that the road was in a state of non-repair due to a 'refreeze' of brine, which caused the accident.

The municipality failed to meet its own maintenance quality standards by leaving the road untreated for over three hours during a winter storm.

The court held the municipality liable for the agreed damages of $12 million and found no contributory negligence on the part of the plaintiff.