The appellant landlord appealed a trial judgment awarding the respondent tenant damages for overpayment of rent, common area maintenance (CAM) charges, and the cost of replacing a roof.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's interpretation of the commercial lease.
The court upheld the findings that the lease unambiguously required the landlord to replace the roof, that the tenant's calculation of additional rent during renewal periods was correct, and that the landlord's claim for historical CAM charges was statute-barred because a party cannot indefinitely toll a limitation period by delaying the issuance of invoices.
