Jacqueline L. Cole

The plaintiff purchased three industrial units from the defendant, which were undergoing a delayed conversion into a condominium.

The plaintiff occupied the units under a one-year lease with zero base rent, which expired before the conversion was completed.

The defendant sought base rent for the overholding period from July 2017 to April 2022.

The court found no enforceable agreement for the $8,000 monthly base rent proposed by the defendant but awarded the defendant occupation rent based on unjust enrichment.

The court reduced the entitlement to 35 months due to the defendant's failure to issue invoices or notices, awarding $316,400 inclusive of HST.

The plaintiffs brought an unsuccessful refusals motion in a proposed class action.

The successful defendant sought $30,000 in costs on a partial indemnity basis.

The plaintiffs argued the amount was excessive for an uncomplicated motion and suggested $5,000.

The court found the motion was important and vigorously contested, but agreed the defendant's claim was excessive.

Costs were fixed at $18,000 payable to the defendant in any event of the certification motion.