David Riley

DGAP Investments Limited brought a motion seeking a declaration that provisions governing shared facilities and reciprocal easement agreements in a reconveyance agreement with Stelco Inc. had been complied with or were unnecessary, or alternatively, for court approval of its proposed easement agreement.

This dispute arose within the ongoing Companies’ Creditors Arrangement Act (CCAA) proceedings involving U.S. Steel Canada Inc. The court dismissed DGAP's motion, rejecting its interpretation that the Reconveyance Date had passed and that easement obligations no longer existed.

The court affirmed its jurisdiction under section 11 of the CCAA to resolve such impasses to ensure the timely completion of the reconveyance.

While acknowledging an impasse, the court declined to impose DGAP's specific easement agreement due to an insufficiently developed record, instead ordering continued negotiations and a future case conference to schedule a motion for a judicial determination of the easement dispute.

The applicant tenant brought an application for a declaration that her commercial lease was valid and binding, and for an injunction restraining the respondent landlord from interfering with her business.

The landlord had engaged in a campaign of harassment, including destroying common areas and removing the air conditioning unit, in an attempt to force the tenant to vacate so he could carry out construction.

The court found the landlord's allegations of breach to be spurious, dismissed his counter-application for fundamental breach, and granted the tenant's application, ordering specific performance of the lease and requiring the landlord to complete outstanding repairs.