Court of Appeal for Ontario

Citation: Sterling Waterhouse Inc. v. LMC Endocrinology Centres (Toronto) Ltd., 2015 ONCA 645

Date: 20150923

Docket: C60025

Before: Laskin, MacPherson and MacFarland JJ.A.

Between

Sterling Waterhouse Inc.

Plaintiff (Appellant)

and

LMC Endocrinology Centres (Toronto) Ltd. (formerly known as LMC Developments Ltd.) and Dr. Ronnie Aronson

Defendants (Respondent)

Counsel:

John Mullen, for the appellant

Leo Klug, for the respondent

Heard: September 18, 2015

On appeal from the order of Justice Wendy Matheson of the Superior Court of Justice, dated January 22, 2015.

APPEAL BOOK ENDORSEMENT

[1] The only issue in this case is whether the landlord took reasonable steps to mitigate its loss. It put forward evidence that after taking possession of the leased premises it hired a commercial real estate agent to attempt to re-let the premises. That attempt was unsuccessful. The defaulting tenant did not challenge this evidence, and did not put forward any evidence of its own that the landlord could have done more to avoid its losses. On this record therefore, we are of the opinion that motion judge erred in deducting any amount from the relief claimed by the landlord.

[2] The appeal is allowed and paragraph 1 of the judgment of Matheson J. is varied from $88,907.37 to $175,790.49. The appellant is entitled to its costs against LMC in the amount of $3900 inclusive of disbursements and applicable taxes.