The plaintiff, Markham Village Shoppes Limited, sought an assessment of damages following the defendant Gino's Pizza's repudiation of a 10-year commercial lease.
The matter was referred back by the Court of Appeal after new evidence regarding re-leasing the premises was admitted.
The court assessed damages based on past and future losses, considering the difference between the original lease and a replacement lease, mitigation efforts, and contingent future losses.
The court awarded damages for past losses, a discounted amount for future contingent losses, and real estate commission, while denying claims for an ecologizer and premises restoration costs.
