Lauren Rennie

The appellant landlord appealed a judgment finding it in breach of a commercial lease, granting specific performance, and awarding damages to the respondent tenant.

The Court of Appeal found no error in the trial judge's findings, interpretation of the lease, grant of specific performance, or assessment of damages, noting the appellant failed to present expert evidence to challenge the damages methodology at trial.

The appeal was dismissed.

This case involved a dispute over a 20-year commercial lease agreement between Bellwoods Brewery Inc. (Tenant) and 1896841 Ontario Limited (Landlord) for a second brewery and event space location.

Bellwoods alleged the Landlord breached the lease by failing to vacate the premises as required, delaying their operations.

The Landlord counterclaimed for unpaid rent.

A separate action by Lennard Commercial Realty for unpaid commission was also heard.

The court found the Landlord in breach of the lease for failing to vacate the premises and ordered specific performance of the lease, along with significant damages to Bellwoods for lost profits due to the delay.

The Landlord's counterclaim was dismissed.

Lennard's action for commission was also dismissed, as the contract stipulated payment upon occupancy, which had not yet occurred.

The appellant, Princes Gates GP Inc. (PG), appealed a trial judgment finding it liable for breach of contract and bad faith termination of agreements with the respondent tenant, 2505243 Ontario Limited (250), a food services provider.

The trial judge awarded 250 reliance damages and employee compensation damages.

PG argued errors in findings of improper termination, refusal to assist with the Canada Emergency Commercial Rent Assistance Program (CECRA), bad faith, and damages calculation.

The Court of Appeal dismissed PG's appeal, upholding the trial judge's findings that PG's actions contributed to 250's inability to pay rent, their refusal to assist with CECRA was unjustified, and their termination was in bad faith by misleading 250 while secretly negotiating with a new provider.

The court also affirmed the reliance damages award and the employee compensation damages.