Court of Appeal for Ontario

CT Securities Inc. v. Oxford Properties Canada Limited

Date: 2003-01-28

Counsel: Francy Kussner and David E. Lederman (Goodmans LLP), for the respondents/appellants.

File Number: C38578

[1] By the Court: In our view, Hoy, J., was correct in deciding that the real issue was the effect, if any, to be given to the word "net" in s. 2.03(a) of the lease. We see no error in her interpretation that, based on the language in that provision "net" applies to "Taxes".

[2] With respect to the "Gross up" argument, we agree with Hoy, J.'s, interpretation that there is nothing in the lease requiring the tenant to pay more than its share of the Taxes actually paid.

[3] Appeal is dismissed with costs fixed in the amount of $6,500.00.

Appeal dismissed.