The appellant landlord appealed a decision finding that its accounting records were insufficient to prove expenses properly chargeable to the respondent tenant as Additional Rent under a commercial lease.
The application judge had previously ruled that the lease did not require the tenant to pay standardized management fees, but allowed the landlord a second hearing to prove actual expenses.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the application judge's conclusion that the landlord's materials were insufficient.
The court also upheld the costs award, noting the landlord's failure to respond to settlement offers and its role in prolonging the proceeding.
