Robert Lanteigne

This endorsement addresses a dispute over costs following an inability of the parties to settle.

The self-represented respondents sought various expenses, including bank fees, legal expenses from a lawyer not on record, printing/office supplies, and travel costs.

The applicant disputed several of these claims.

The court allowed a reduced amount for legal expenses and office supplies on a partial indemnity basis, finding the respondents' claims lacked particulars.

Bank fees were rejected as damages, not costs, and travel expenses were disallowed because the applicant was statutorily required to commence proceedings in the Region of Waterloo, and such expenses are not typically included in Tariff A, Part II – Disbursements.

The court fixed costs payable by the applicant to the respondents at $762.75.

The application concerned a commercial lease dispute over common area maintenance (CAM) charges.

The tenant argued that an amendment agreement excluded additional rent from the definition of rent, reduced the scope of recoverable expenses, and that the landlords were barred from collecting arrears due to promissory estoppel, waiver, failure of a condition precedent, or limitation periods.

The court found that the amendment did not exclude additional rent from the definition of rent, nor did it limit the scope of CAM charges as broadly as the tenant contended, except for capital repairs and HVAC unit repairs.

The court rejected the tenant's arguments regarding promissory estoppel, waiver, and condition precedent.

It also determined that the Real Property Limitations Act, with its six-year period, applied to CAM charges as "rent," rather than the two-year Limitations Act, 2002.