Marcus J. Boire

This was a costs endorsement following a civil action in which the plaintiff sought partial indemnity costs after recovering a fraction of the damages originally claimed.

The responding party argued the result was modest and that lower costs would be proportionate.

The court held that success was partially divided because the landlord substantially reduced the damages, and fixed costs at $20,000 plus disbursements and HST.

Commercial lease trial arising from a landlord's lockout of a restaurant tenant after disputes over rent arrears and operating-cost adjustments.

The court found the landlord had agreed to accept three post-dated cheques in satisfaction of arrears then outstanding, and that this agreement constituted an implied waiver of default, precluding unilateral termination of the lease on that basis.

The subsequent lockout and termination were therefore wrongful.

The tenant recovered damages for leasehold improvements, inventory, equipment, and overpayment of rent, while the landlord's counterclaim was dismissed.

The applicant sought a declaration to dissolve a partnership with the respondent and an accounting of assets, primarily an Ottawa taxi plate.

The parties had a five-year partnership agreement that expired, but the respondent continued to use the taxi plate exclusively.

The court found it just and equitable to dissolve the partnership under the Partnership Act and directed a reference to a Master to supervise the sale of the taxi plate and conduct an accounting.