John DaRe

The applicant tenant sought an interlocutory injunction restraining the respondent landlord from re-entering the commercial premises or interfering with its possession.

The landlord alleged the tenant was in breach of the lease due to unpaid additional rent and had previously locked the tenant out.

The court found inconsistencies in the landlord's claims regarding the amounts owed and whether a notice to renew the lease was received.

Applying the RJR-MacDonald test, the court concluded there was a serious issue to be tried, the tenant would suffer irreparable business harm if evicted, and the balance of convenience favoured the tenant.

The injunction was granted and costs were awarded to the tenant.

The defendants, North American (Park Place) Corporation and North American (Park Place East) Corporation, brought a motion under s. 47(1) of the Construction Lien Act to dismiss the plaintiff M. Fuda Contracting Inc.'s construction lien action for delay and release the remaining security.

The court considered the four-year delay, the complexity of the case, the plaintiff's explanation, and the prejudice to the defendants.

While acknowledging the plaintiff's delay exceeded the presumptive two-year ceiling for lien actions, the court found the delay was partially explained by the case's complexity and a document dispute.

The prejudice to the defendants was attenuated by significant reductions in security and the existence of a companion slander of title action.

The motion to dismiss was denied, but the plaintiff was given a "last chance opportunity" to have the matter on the ready trial list by spring 2019, serve expert reports, and arrange a settlement conference by year-end.