Sachit Tatavarti

The landlord appealed a trial decision finding that the tenant properly terminated a residential lease and that the landlord was not entitled to charge administrative fees as part of common area and maintenance (CAM) expenses under a commercial lease.

The Divisional Court dismissed the appeal, holding that the tenant provided notice in the manner required by the written terms of the lease, and that there was no express or implied term authorizing the landlord to unilaterally charge administrative fees.

The trial judge's interpretation of the lease was subject to deference and revealed no palpable and overriding error.

The plaintiff sought damages for injuries sustained during a recreational non-contact hockey game, alleging that an opposing player intentionally or negligently checked him into the boards and that the league operator failed to provide a safe playing environment.

The court considered the negligence standard applicable to sporting events and the doctrine of implied consent to the inherent risks of hockey.

The evidence did not establish that the opposing player acted with intent to injure or in a reckless manner outside the ordinary risks of play.

The court further held that the league had appropriate rules, referees, and disciplinary systems, and that the plaintiff had signed a clear waiver releasing the league from liability for injuries arising from hockey participation.

The action was therefore dismissed.