R. Stubbs

Following a finding that the defendants breached a Solar Development Lease Agreement, a case conference was held to schedule a reference to determine damages and prejudgment interest.

The court established a timetable on consent for the delivery of records, cross-examinations, and factums, with a further case conference scheduled to ensure the parties remain on track.

The plaintiff solar energy company brought a motion for summary judgment against the defendant homeowners for breach of a 20-year Solar Development Lease Agreement.

The defendants had terminated the agreement and redirected revenue payments to themselves after the plaintiff refused to pay the registration costs for postponing its security interest to allow the defendants to refinance their property.

The court found that the plaintiff had no obligation to pay the postponement costs and that the defendants breached the agreement by diverting the revenue.

Summary judgment was granted in favour of the plaintiff, with a reference ordered to determine the quantum of damages.