Kyle Armagon

The applicant tenant sought a declaration that an agreement of purchase and sale was binding and an order for specific performance.

The commercial lease contained an obligation for the tenant to purchase the property once the landlord completed environmental remediation and provided a consultant's certificate.

The tenant attempted to trigger the purchase by waiving the requirement for the certificate, even though remediation was not complete.

The court dismissed the application, finding that the contract required the landlord to first advise that remediation was complete before the tenant could waive the certificate.

The court also held that while the provision was not a true condition precedent, it benefited both parties and could not be unilaterally waived by the tenant.

The third party in an equipment rental dispute brought three preliminary motions before trial: to permanently stay the third party claim due to late disclosure of an alleged Mary Carter agreement, to permit calling an expert witness, and to permit cross-examination of the plaintiff's witness despite not defending the main action.

The court dismissed the motion for a stay, finding the agreed statement of facts was disclosed in a timely manner.

The court allowed the motions to call the expert witness and to cross-examine the plaintiff's witness, finding interference with the expert's retainer and relevance of the plaintiff's evidence to the third party's defence.

Two subcontractors sued a prime contractor for breach of oral contracts relating to a municipal winter road maintenance contract.

The plaintiffs alleged their arrangements to supply trucks and operators were for the same five‑season duration as the contractor’s agreement with the municipality, while the defendant argued the arrangements were terminable at will.

The court held that the parties’ conduct, including deposits corresponding to the five‑year municipal contract and payment structures flowing from that contract, objectively demonstrated fixed‑term agreements.

The defendant’s termination after one season constituted breach of contract.

Damages representing lost profits for the remaining four seasons, subject to mitigation, were awarded.