Nelson Wan

The applicant tenant sought an order confirming the renewal of their commercial lease and the appointment of an arbitrator to determine renewal terms.

The respondents landlords brought a counter-application seeking a declaration that the lease was terminated and a writ of possession.

The court found that the tenant had validly exercised their option to renew the lease, having met all conditions, and was not in material default of the lease terms.

The landlords' alleged breaches were not substantiated or were deemed unreasonable.

The court granted the tenant's application for lease renewal and arbitration of terms, and dismissed the landlords' counter-application for termination and possession.

The appellant, Jian Huang Cheng, appealed a Small Claims Court decision concerning the division of condominium sale proceeds and the dismissal of a third-party claim for unpaid rent.

The trial judge found no agreement regarding the condo proceeds and allowed a set-off for the appellant's share of rent against the main plaintiff, but dismissed the third-party claim against the tenants (the main plaintiff's parents).

The appellate court, applying a standard of palpable and overriding error for factual findings and correctness for legal questions, upheld the trial judge's findings.

It found no error in the trial judge's application of contract law regarding acceptance, noting that depositing funds did not necessarily constitute acceptance in this context.

The court also refused to consider new issues (revocation and estoppel) not raised at trial.

The dismissal of the third-party claim was affirmed as consistent with the set-off granted.

The plaintiff moved for default judgment against the defendant for failing to close a real estate transaction.

The defendant did not file a Statement of Defence and was noted in default.

The court found the defendant breached the contract to sell her home and awarded the plaintiff $125,000 in damages, representing the difference between the purchase price and the property's appraised value on the closing date.

The plaintiff was also awarded costs on a partial indemnity basis.

The plaintiff moved to strike the defendants' statement of defence due to their persistent non-compliance with multiple prior court orders, including payment of costs totaling $4,727.25 and the corporate defendant's failure to retain counsel or seek leave for alternative representation.

The defendants, represented by Jiajun Xu, offered unsubstantiated claims of financial hardship and proposed no remedial steps.

The court issued a final conditional order, granting the motion to strike unless the defendants remitted the outstanding costs and proposed a date for corporate counsel to go on record by August 21, 2020.