Mitch Koczerginski

The applicant tenant sought an injunction to prevent the respondent landlord from terminating its commercial lease and evicting it.

The landlord issued a notice of default claiming unpaid rent and taxes, but the court found the alleged arrears were entirely due to the landlord's own billing and clerical errors.

The landlord alternatively argued it could terminate the lease without default by compensating the tenant in damages, relying on contract law principles.

The court rejected this argument, holding that a commercial lease grants a possessory property right that cannot be unilaterally expropriated by the landlord.

The notices of default and termination were declared null and void, and the landlord was enjoined from terminating the lease.

The plaintiff brought an action for wrongful dismissal and human rights violations after her employment was terminated while on maternity leave.

The defendant moved to strike a paragraph in the statement of claim alleging that the defendant had a history of terminating pregnant women under the guise of restructuring, citing a specific similar incident.

The court dismissed the motion, finding that the similar fact evidence was properly pleaded, had significant probative value regarding the claims for human rights violations and punitive damages, and was not scandalous, frivolous, or vexatious.