Oleg Michael Roslak

A commercial landlord‑tenant dispute arose after the landlord halted renovations at nightclub premises and later began demolition while litigation over an alleged lease breach was pending.

Earlier proceedings determined the tenant had not breached the lease and that the landlord had unreasonably withheld consent to an assignment.

At this damages trial, the court considered whether the landlord was liable for losses during a seven‑month delay period and whether demolition prior to termination established liability for the remainder of the lease term.

The court found the landlord wrongfully expelled the tenant and commenced demolition before termination, thereby destroying the leased premises.

Damages were awarded for the seven‑month period and for the balance of the lease term, but the court declined to award damages for equipment loss due to insufficient proof and the tenant’s failure to mitigate.

The appellants, facing Canadian charges for a telemarketing fraud scheme targeting US residents, were ordered committed for extradition to the United States.

They appealed the committal order and sought judicial review of the Minister's surrender order, arguing the Canadian proceedings were a sham to hold them on bail pending extradition (abuse of process) and that their surrender violated their s. 6(1) Charter mobility rights.

The Court of Appeal dismissed the appeals and applications, finding no air of reality to the abuse of process claim and holding that the Minister properly applied the Cotroni factors in deciding to surrender the appellants.