I. Andriessen

The applicant tenant brought an application for declaratory relief regarding the exercise of an option to renew a commercial lease.

The respondent landlord argued the exercise was vitiated because the tenant was in material default of the lease, citing issues with insurance coverage, parking lot maintenance, waste, and contamination.

The landlord also argued a new lease agreement was required.

The court found the tenant was not in material default, noting the landlord's complaints were raised disingenuously during rent negotiations.

The court also held the lease did not require a new agreement for renewal.

The application was granted, and the tenant was awarded costs.

The plaintiff bank brought a motion for summary judgment against the defendant auto collision company for the value of a financed truck.

The individual defendant had financed the truck through the plaintiff but gave it to the corporate defendant to convert into a tow truck and use in its fleet.

The corporate defendant claimed a lien under the Repair and Storage Liens Act for conversion, repair, and storage costs, and subsequently transferred ownership to itself.

The court found the corporate defendant failed to comply with the Act, had no valid lien, and wrongfully converted the vehicle, awarding the plaintiff damages based on the truck's appraised value.

A commercial plaintiff sued a roofing contractor for breach of contract after repair work on a commercial roof allegedly failed shortly after completion.

The contract included a three‑year warranty for repair defects.

The court found that the roof continued to leak in the areas repaired by the contractor and that the contractor failed to return to honour the warranty despite complaints.

Evidence from employees and a roofing expert established that the repair work was defective and required replacement.

Judgment was granted for the plaintiff for the cost of remedial repairs and related damages.