James F. Leal

The plaintiff, 11123688 Canada Limited o/a Onion Auto Centre, sought a mandatory interlocutory order to regain possession of business premises from the defendants, who had unilaterally changed the locks.

The motion was brought in an intended action without a formal statement of claim.

The court dismissed the motion, finding the evidentiary record insufficient to establish irreparable harm or to properly weigh the balance of convenience under the American Cyanamid test.

The court noted the absence of required undertakings and detailed financial evidence.

An order was made for the preservation and return of the plaintiff's personal property.

The plaintiffs were successful on a motion for partial summary judgment and successfully defended a cross-motion to dissolve an interim injunction regarding a commercial lease dispute.

The plaintiffs sought substantial indemnity costs of over $40,000, relying on an offer to settle and the defendant's conduct.

The court found the plaintiffs' offer to settle was reasonable but noted that both parties expended excessive and unnecessary time on the motions.

The court declined to award substantial indemnity costs and fixed costs on a partial indemnity basis at $25,000.

The plaintiff tenants brought a motion for partial summary judgment seeking a declaration that a 2009 Minutes of Settlement amended their commercial lease and bound the defendant landlord, who purchased the property in 2012.

The landlord argued it was not bound because the tenants signed an estoppel certificate that did not fully detail the amendments.

The court granted the tenants' motion, finding that the estoppel certificate referenced the Minutes of Settlement, the landlord failed to exercise due diligence by not requesting a copy, and the landlord did not detrimentally rely on the certificate.

The plaintiffs, commercial tenants, obtained an interim interlocutory injunction prohibiting the defendant landlord from forfeiture actions.

The landlord subsequently sought to set aside the injunction, while the tenants sought its continuation pending a summary judgment motion regarding the enforceability of minutes of settlement that purportedly amended the lease.

The court applied the RJR-MacDonald test, finding a serious issue to be tried regarding the minutes of settlement, irreparable harm to the tenants if the injunction was not continued, and that the balance of convenience favoured continuation.

The court dismissed the landlord's motion to set aside the injunction and ordered its continuation until the summary judgment motion, with the tenants providing undertakings for damages.

The respondents requested an adjournment of a scheduled two-day hearing because the personal respondent had family visiting from out of the country.

The applicant objected, noting she had deferred her licensing exam to attend the hearing and had already contacted witnesses.

The Tribunal denied the request, finding that a family visit does not constitute exceptional circumstances under the Tribunal's Practice Direction on Scheduling.