Devon R. Kapoor

The applicant appealed an arbitration award ordering it to pay damages for breach of a commercial parking management contract.

The applicant argued the arbitrator erred in law by failing to apply proper contractual interpretation principles to a force majeure clause regarding the COVID-19 pandemic, and by failing to apply the correct test for equitable set-off.

The Superior Court of Justice dismissed the appeal, finding the arbitrator correctly focused on the words of the contract and made factual findings that precluded the equitable set-off defence.

The arbitration award was upheld.

The appellant appealed the dismissal of his action for specific performance of a failed commercial real estate agreement of purchase and sale, the denial of his post-trial motion to amend his pleadings to claim damages, and the trial judge's finding that a 12% mortgage interest rate offended s. 8 of the Interest Act.

The Court of Appeal upheld the refusal to grant specific performance, finding no error in the trial judge's conclusion that the property was not unique and damages would be adequate.

The Court also upheld the refusal to allow a post-trial amendment to claim damages, noting the prejudice to the respondent.

However, the Court allowed the appeal regarding the mortgage, holding that the 12% interest rate commenced prior to default and therefore did not violate s. 8 of the Interest Act.