The appellants appealed a partial summary judgment ordering the return of a $250,000 deposit on a failed commercial lease for a sports dome facility.
The respondents had terminated the lease because the facility was not completed by the required date and lacked heat, water, and fire safety access.
The Court of Appeal upheld the motion judge's interpretation of the termination clause, finding no ambiguity that would require a trial.
The Court also affirmed that partial summary judgment was appropriate under Rule 20 to resolve the discrete issue of the deposit return, even if it effectively determined liability for the main action and counterclaim.
