Court of Appeal for Ontario

Citation: Parsons Precast Inc. v. Sbrissa, 2013 ONCA 558

Date: 20130913

Docket: C56324

Before: MacPherson, Epstein and Lauwers JJ.A.

Between

Parsons Precast Inc.

Applicant (Respondent)

and

Anna Sbrissa and Armando Sbrissa

Respondents (Appellants)

Counsel:

Ray Di Gregorio, for the appellants

Don Morris, for the respondent

Heard and released orally: September 10, 2013

On appeal from the judgment of Justice C. Stephen Glithero of the Superior Court of Justice, dated October 29, 2012.

ENDORSEMENT

[1] The appellants, Anna and Armando Sbrissa, appeal the judgment of Gilthero J. of the Superior Court of Justice dated October 29, 2012, holding that the respondent Parsons Precast Inc. is not responsible for any portion of the costs of repaving the parking lot in the multi-unit commercial unit owned by the appellants.

[2] The appellants contend that the application judge misinterpreted the terms of the lease in reaching this decision. Specifically, they submit that the tenant is responsible for additional rent and charges incurred by the landlord in “maintaining and repairing the property” and that the repavement project comes within these terms.

[3] We do not accept this submission. We agree with the application judge that there is a line between repair and maintenance on the one hand and capital expenses on the other hand and that, as he put it, “the case law is not ‘black and white’ in this area”. Against this backdrop, we can see no error in the application judge’s interpretation of the lease in this case, nor in his use of common dictionary definitions for the word ‘maintenance’ to assist his analysis. In the end, we agree with his analysis anchored in an interpretation of the words of the lease in the context of the reasonable expectations of the parties.

[4] The appeal is dismissed. The respondent is entitled to its costs of the appeal fixed at $8000, inclusive of HST and disbursements.

“J.C. MacPherson J.A.”

“Gloria Epstein J.A.”

“P. Lauwers J.A.”