Jatinder Pal Rattan

The plaintiff lessor brought a motion for summary judgment against the defendant lessees for arrears of rent owing under two equipment leases for a truck and a trailer.

The defendants defaulted on payments and argued that mechanical issues with the truck frustrated the lease and that the plaintiff failed to mitigate its damages.

The court granted summary judgment, finding no genuine issue requiring a trial, as the lease terms explicitly placed the burden of repairs on the lessees and the plaintiff had no duty to mitigate a claim for a fixed debt.