Jesse Cond

The Landlord applied for a declaration of lease termination and a writ of possession against the Tenants, alleging breaches of a commercial lease related to nuisance, failure to provide insurance, denial of inspection, and unpaid snow removal costs.

The Tenants denied material breaches and sought relief from forfeiture.

The court found no substantial breaches by the Tenants, noting their reasonable conduct and the disproportionate nature of forfeiture compared to the alleged damages.

The application for termination and possession was dismissed, and the lease was declared to remain in full force and effect, with a minor order for snow removal costs against the Tenants.

The plaintiff, Bryce Clark, sought default judgment against the defendant, 189557 Ontario Inc. (Innovative Composites International Inc.), for breach of a settlement agreement following his employment termination.

The defendant had failed to make six of twelve biweekly salary payments.

The plaintiff claimed fundamental breach with rescission, or alternatively, repudiation, seeking damages based on his original employment contract.

The court found that the defendant breached the settlement agreement but rejected claims of fundamental breach, rescission, or repudiation, as the plaintiff was not deprived of substantially the whole benefit of the contract and no false representation was proven.

The court awarded the plaintiff damages for the outstanding six payments under the settlement agreement, plus pre-judgment and post-judgment interest, and fixed costs.

The plaintiff sought default judgment against the defendant for breach of a settlement agreement following employment termination.

The defendant failed to make all biweekly salary payments as agreed.

The plaintiff claimed fundamental breach, rescission, or repudiation to revive the original employment contract's termination provisions, seeking significantly higher damages.

The court found a breach of the settlement agreement but rejected the claims for fundamental breach, rescission, and repudiation, concluding that the plaintiff had received substantially the benefit of the settlement.

Damages were awarded for the unpaid balance of the settlement agreement, along with pre-judgment and post-judgment interest and costs.