Daniel Girlando

The landlord and tenant under a commercial lease both commenced applications regarding alleged defaults and rent calculations.

The landlord brought a motion to dismiss the tenant's application, arguing that the claims were barred by a prior settlement and mutual release executed in September 2013.

The court applied an objective approach to contractual interpretation and the doctrine of res judicata, finding that the release barred any claims existing prior to September 30, 2013.

However, the court held that the release did not bar the tenant's right to a rent reconciliation for the 2013 calendar year or ongoing rights under the lease.

The court ordered the remaining issues regarding square footage and rent quantum to proceed to trial as an action.

The appellants appealed a decision dismissing their medical negligence action as statute-barred under s. 38(3) of the Trustee Act.

The action was commenced more than two years after the deceased's death.

The appellants argued the limitation period should be tolled due to fraudulent concealment by the respondent hospital and doctors regarding the deceased's INR results.

The Divisional Court dismissed the appeal, finding that the statement of claim and affidavit evidence did not plead facts sufficient to establish fraudulent concealment, but rather attempted to assert discoverability, which does not apply to s. 38(3).

The self-represented appellants appealed an order striking their amended statement of claim without leave to amend.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that the pleading contained overly broad, conclusory allegations of conspiracy, fraud, and negligence without supporting material facts.

The Court also noted that many allegations were attempts to re-litigate previously determined issues, and the defects could not be cured by further amendment.