John Cintosun

This is a costs decision following a successful summary judgment motion by GFL Environmental Inc. against Peras Construction Inc. for unpaid invoices.

GFL sought costs based on a Rule 49 offer, which entitled them to substantial indemnity costs from the offer date.

The court awarded GFL costs of $35,834.15, finding that while GFL was entitled to substantial indemnity, the claimed hourly rates and total time spent were excessive and unreasonable, despite Peras's conduct in raising abandoned arguments.

The tenant of a commercial restaurant space and the landlord brought cross-applications against each other alleging fundamental breaches of the lease.

The tenant claimed constructive eviction, breach of quiet enjoyment, and bad faith due to the landlord's demands regarding noise, garbage, HVAC installation, and failure to apply for the CECRA rent subsidy.

The landlord sought forfeiture of the lease and damages, alleging the tenant breached the lease regarding noise, parking, garbage, and unauthorized patio use.

The court dismissed both applications, finding that neither party's conduct amounted to a fundamental or material breach of the lease.

The court directed the parties to negotiate or seek a further hearing to determine a fair rental rate for the tenant's use of the exterior patio space.

The plaintiff brought a motion for summary judgment for $113,870.46, representing the unpaid balance for soil removal services provided to the defendant.

The dispute centered on the per tonne rate agreed upon for the removal of non-treatable soil.

The court found that the evidence clearly established an agreement to charge $70 per tonne for the soil removed, and that there was no genuine issue requiring a trial.

Summary judgment was granted to the plaintiff for the full amount claimed, plus 24% prejudgment interest.