L. Vittas

The applicant tenant brought an application for declaratory relief regarding the exercise of an option to renew a commercial lease.

The respondent landlord argued the exercise was vitiated because the tenant was in material default of the lease, citing issues with insurance coverage, parking lot maintenance, waste, and contamination.

The landlord also argued a new lease agreement was required.

The court found the tenant was not in material default, noting the landlord's complaints were raised disingenuously during rent negotiations.

The court also held the lease did not require a new agreement for renewal.

The application was granted, and the tenant was awarded costs.

The plaintiff brought a motion for summary judgment to collect funds advanced to the defendants pursuant to three promissory notes and a mortgage.

The defendants raised several defences, including that the interest rates offended the Criminal Code, lack of consent to the assignment of the debts, alleged payments made, extinguishment of the debt by power of sale, and an agreement not to enforce.

The court found no genuine issue for trial on any of the defences, noting the interest rates were below the criminal rate and the defendants had acknowledged the full amounts owing.

Summary judgment was granted in favour of the plaintiff for the principal amounts plus interest.