Jesmond Wong

The plaintiff, having been wholly successful at a three-day trial, sought costs.

The plaintiff had served a Rule 49 offer to settle that was less than the damages awarded at trial.

The defendants failed to provide costs submissions.

The court awarded the plaintiff costs on a partial indemnity basis up to the date of the offer and on a substantial indemnity basis thereafter, totaling $36,102.54.

The court also ordered the release of $23,000 previously paid into court by the plaintiff as security for costs.

A commercial landlord sued a tenant and indemnifier for unpaid rent after the tenant abandoned leased industrial premises before the end of a fixed‑term lease.

The tenant alleged fundamental breach by the landlord based on inadequate security following multiple break‑ins and failure to pay a tenant improvement allowance, and counterclaimed for alleged lost business profits.

The court held the landlord had no contractual obligation to enhance security measures within the tenant’s premises and had fulfilled its obligations under the lease, including payment of the inducement once conditions were met.

The tenant’s abandonment constituted a clear breach of the lease, and the landlord had taken reasonable steps to mitigate its damages by re‑leasing the premises.

The counterclaim for speculative business losses was dismissed for lack of evidentiary support and absence of landlord negligence.