Ocean Yam Enbar

This is a costs endorsement following the court's grant of an interlocutory injunction in favour of the plaintiff.

The plaintiff sought costs on a substantial indemnity basis in the amount of $44,086.96, relying on an Offer to Settle served on August 19, 2025, which proposed settlement on essentially the same basis as the relief granted.

The plaintiff alternatively sought partial indemnity costs to the date of the offer and substantial indemnity costs thereafter.

The court fixed costs at $33,000 inclusive of disbursements and HST, finding that while the defendants' conduct did not justify costs throughout on a substantial indemnity scale, it was objectionable and they ought to have accepted the offer.

The plaintiff sought an interlocutory injunction to prevent the defendants from interfering with the plaintiff's tenancy at commercial premises.

The plaintiff had entered into a binding lease in 2021 with the former landlord for approximately 54,800 square feet.

Due to a holdover tenant, the plaintiff only occupied approximately 27,000 square feet beginning in April 2024 on a month-to-month basis.

When the defendants purchased the property in April 2025, they initially accepted the arrangement but subsequently demanded full payment under the original lease and issued a notice of termination for alleged rental default.

The court granted the interlocutory injunction, finding that all three prongs of the RJR-MacDonald test were satisfied.

The defendants' zoning by-law concerns were addressed but did not outweigh the balance of inconvenience favoring the plaintiff.