Jeffrey Wang

The appellant landlord appealed a summary judgment dismissing its claim for prospective rent after terminating a commercial lease for the tenant's default.

The motion judge interpreted the lease as limiting the landlord's recovery upon termination to arrears and a fixed penalty, finding that the lease's reference to "any other remedies available at law or in equity" did not preserve a right to prospective damages that was explicitly precluded later in the same provision.

The Court of Appeal upheld the interpretation, finding no error of law or palpable and overriding error, and dismissed the appellant's additional claims for pool removal costs, maintenance expenses, and costs on the motion below.

The appellants appealed a summary judgment holding them jointly and severally liable for $3.76 million after the respondent investors were defrauded in a second mortgage scheme.

The investment funds were misappropriated by employees of a law firm acting as agents for the appellants' gas station development project.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's application of the summary judgment framework, his conclusion that an agency relationship existed, or his imposition of joint and several liability based on findings that the defendants worked together to deprive the investors of their funds.

Leave to appeal the substantial indemnity costs award was also denied.

The decision grants summary judgment to the plaintiffs, who were defrauded of $2.65 million in a real estate investment scheme involving a solicitor’s law firm, his office manager/mother, and an in-house mortgage broker.

The court finds the solicitor and his firm liable for breach of trust, negligence, and fiduciary duty, and holds the property company and its principals jointly and severally liable.

The court awards compensatory and punitive damages, as well as substantial indemnity costs.

The defendants, Global News and its journalists, brought an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act to dismiss a defamation action brought by a Member of Parliament.

The defamation claim arose from news stories alleging the MP advised a Chinese diplomat to delay the release of two detained Canadians.

The court found that the defendants' expression related to a matter of public interest.

However, the plaintiff demonstrated that his defamation action had substantial merit and that the defendants' defenses of truth/justification and responsible communication were not valid.

The court concluded that the public interest in allowing the defamation proceeding to continue, to determine the truth of the serious allegations and vindicate the plaintiff's reputation, outweighed the public interest in protecting the defendants' expression.

The defendants' motion to dismiss was dismissed.