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Default judgment granted for commercial lease breach and mitigated future rent loss.
The landlord brought an undefended motion for default judgment against a commercial tenant for unpaid rent and damages following termination of a lease.
Applying the default judgment framework, the court held that the deemed admissions and affidavit evidence established breach of lease, quantified arrears and future rent loss, and justified recovery subject to mitigation.
The court accepted the landlord's mitigation by securing a replacement tenant and held that any challenge to mitigation had to be raised by the defaulting defendant.
Judgment was granted for $380,007.01, together with contractual pre- and post-judgment interest and costs.
The court granted default judgment to a commercial landlord for rent arrears and loss of bargain.
The plaintiff landlord brought a motion for default judgment against the defendant tenant for breach of a lease agreement.
The defendant was noted in default for failing to defend the proceeding.
The court granted judgment to the plaintiff, finding liability based on the deemed admissions in the Statement of Claim and supporting evidence.
Damages were awarded for arrears of rent and loss of bargain for the unexpired term of the lease, totaling $450,528.14, plus interest and costs.
The court was satisfied that the landlord had made reasonable efforts to mitigate its damages.
The court declared a commercial lease valid and unlawfully terminated, finding the landlord acted in bad faith.
The Tenant (Augusta Studios Inc.) brought an application seeking declarations that its commercial lease was not properly terminated by the Landlord (8699011 Canada Inc.), that the lease was in effect until July 31, 2027, and that it was not in default.
The Landlord alleged breaches related to subletting the second floor without consent and subletting the basement, which it claimed was not part of the leased premises.
The court found that the basement was included in the lease, consent was not required for the second-floor sublease, and the Landlord failed to provide proper notice of default.
The court concluded the Landlord's termination was unlawful and granted the Tenant the declarations sought, also stating that relief from forfeiture would be granted if the Tenant were found in breach.
Appeal dismissed; neighbour allowed to retain disputed land after making lasting improvements under honest belief.
The appellant appealed an order granting title of a disputed strip of land to the respondent neighbour under s. 37 of the Conveyancing and Law of Property Act.
The application judge found the respondent had made lasting improvements to the land, including a retaining wall and parking pad, under the honest and reasonable belief that the land was his.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the application judge's findings of fact or exercise of discretion regarding the transfer of land and the denial of costs.
