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Summary judgment motion adjourned where unresolved legal issues existed regarding notice for prospective rent claims.
The moving defendants sought partial summary judgment dismissing the landlord’s claim for prospective rent damages following an alleged repudiation of a commercial lease.
The motion raised legal questions concerning the fourth remedy identified in Highway Properties Ltd. v. Kelly, Douglas and Co., including whether notice of a claim for prospective damages must be provided and whether the issuance of a statement of claim can satisfy that notice requirement.
The court found that the law on these issues was unclear and therefore constituted a genuine issue of law.
Pursuant to Rule 20.04(4) of the Rules of Civil Procedure, a master must adjourn such motions to a judge where the issue may be determined on summary judgment.
The motion was therefore adjourned to a judge, with limited costs awarded to the responding party for the adjournment issue.
