This action concerned a debt owed under a back-dated lease agreement between the Plaintiff, JCA & Associates Inc., and the Defendants, 2372618 Ontario Limited (NYX Lounge), Bruno Pisani, and Vincent Pisani.
The central dispute was whether the lease was signed in May 2014 or in June 2015 and back-dated to May 2014.
The Plaintiff argued the latter, asserting the lease was to reimburse its principal's contributions after a failed business relationship.
The Defendants contended the lease was signed in 2014 and subsumed by a subsequent shareholders agreement, converting the debt into a capital contribution.
The court found in favour of the Plaintiff, determining the lease was signed in June 2015 and back-dated, and that all Defendants were jointly and severally liable, interpreting the term "or" in the lessee definition as "and" to avoid commercial absurdity.
The Plaintiff was awarded $100,341.03 in damages.
