The defendant landlord brought a motion for summary judgment to dismiss the plaintiffs' action for wrongful termination of a commercial lease.
The landlord had unilaterally increased the minimum and additional rent shortly after purchasing the building, and terminated the lease when the tenant refused to pay the increased amounts.
The court found that the tenant was not in breach of the lease, as the rent increases were not authorized by the lease terms and the landlord was estopped from changing the rent calculation method.
The court also held that the individual plaintiff could claim damages for the loss of value of her shares in the operating company, as the company was not a party to the lease and had no independent cause of action.
Summary judgment was granted in favour of the plaintiffs, awarding damages for the loss of the business and return of the deposit.
