The appellant landlord appealed a trial judgment awarding the respondent tenants $1,212,000 in damages for loss of business due to the wrongful demolition of the leased premises.
The appellant argued the trial judge erred in finding that demolition began while the lease was still valid, and raised issues of waiver and issue estoppel.
The Court of Appeal dismissed the appeal, finding the trial judge's factual conclusions were supported by the evidence and did not amount to a palpable and overriding error.
The court also found no merit to the waiver and issue estoppel arguments, noting the parties had agreed on the quantum of damages prior to trial.
