Ryan D. Garret

The applicant sought an extension of time to appeal a final order for child and spousal support arrears and ongoing payments.

The court found the applicant's intention to appeal was not continuous, the grounds for appeal were weak, and the applicant had failed to comply with previous orders and pay support.

The court determined that granting the extension was not in the interest of justice, given the applicant's lack of good faith and the prejudice suffered by the respondent.

Minto Commercial Properties Inc. sued Le Gourmand 3 Inc., Le Gourmand Inc., and Milton Nunes for breach of lease and arrears of rent after Le Gourmand 3 Inc.'s restaurant failed.

The defendants counterclaimed for damages, alleging Minto fundamentally breached the lease by failing to provide adequate heating and air conditioning.

The court found Minto in fundamental breach of its lease obligations regarding HVAC, which materially caused the restaurant's failure.

Minto's claim was dismissed, and the defendants' counterclaim for damages related to the LG3 location's outfitting costs, security deposit, and repair expenses was granted, totaling $446,690.87 plus interest.

Claims for losses related to the other two Le Gourmand locations were dismissed as too remote.