Richard H. Parker

The landlord sued the tenant and guarantor for damages.

The residential lease was for a one-year fixed term, which expired and automatically became a month-to-month tenancy under s. 104(1) of the Landlord and Tenant Act.

The Divisional Court found the guarantor liable for damages.

The Court of Appeal allowed the appeal, holding that the statutory deemed renewal does not apply to guarantors.

Because the guarantee contained no language regarding renewals, it expired at the end of the first year.

The trial judge's decision was restored.

The appellant appealed a summary judgment finding him liable for misappropriating funds from an estate.

The Court of Appeal upheld the finding of liability, agreeing there was no genuine issue for trial on that point.

However, the Court allowed the appeal regarding the quantum of recovery, finding that the motions judge erred by compounding interest and that a genuine issue for trial existed regarding amounts that should have been credited to the appellant.

The judgment was set aside and the motion for summary judgment was dismissed with respect to the amount of recovery.

The appellants appealed from a decision for which the court expressly adopted the reasons and result of the judge below.

The Court of Appeal dismissed the appeal, lifted the stay, and fixed appeal costs in favour of the respondent at $1,000.

The endorsement contains no further substantive analysis beyond concurrence with the reasons below.