Paul N. Leamen

The appellants challenged the trial judge’s calculation of business interruption losses under an insurance policy following a fire.

The court held that monthly mortgage interest payments were fixed obligations that necessarily continued during the interruption and were not deductible as non-continuing expenses from gross earnings.

It also rejected the argument that payment of the mortgages from fire insurance proceeds created double recovery.

The appeal was dismissed except for a conceded reduction of the judgment by the $5,000 policy deductible.

The appellant appealed a trial judgment awarding unpaid real estate commissions, prejudgment interest, and costs to the respondent.

It argued that it was entitled to contractual or equitable set-off against losses arising from a failed asset purchase and commercial relocation arrangement, or alternatively that the respondent was estopped from asserting her commission claim.

The court held that no personal obligation by the respondent to indemnify the appellant had been established, which was fatal to any claim of set-off.

The court further held that the elements of estoppel were not made out because the appellant did not act on any operative representation by the respondent and suffered no relevant detriment.

The appeal was dismissed with costs.