Cynthia Davis

The applicant tenant sought relief from forfeiture after the respondent landlord issued a notice of default for unpaid additional rent and utility arrears.

The tenant had withheld payment of the disputed amounts pending arbitration, arguing the landlord failed to properly substantiate the charges.

The court held that the tenant was in breach of the lease, as the lease contained a 'no deduction' clause requiring payment of rent without set-off pending arbitration.

The court declined to grant relief from forfeiture pending arbitration, finding the tenant's conduct wilful, but granted a temporary 20-day relief period for the tenant to cure the default by paying all arrears.

Following the defendants' complete success on a summary judgment motion, they sought costs of $13,897.75 on a partial indemnity basis.

The defendants had previously delivered an offer to settle that would have allowed the plaintiff to walk away without paying rent or costs.

The plaintiff's costs submissions were brief and lacked detail.

The court found the defendants' claim for costs to be fair and reasonable, awarding them the full amount sought.