The appellant, a retail tenant, appealed the dismissal of its breach of contract claim against its landlord for failing to provide additional parking spaces.
The trial judge found a breach but concluded the appellant failed to prove the breach caused a loss, as expert evidence showed vacant spaces were available during peak periods.
The Court of Appeal upheld this finding and dismissed the appeal.
However, the Court granted leave to appeal the trial costs order, finding the trial judge erred in using non-Rule 49 offers to offset time spent on an unsuccessful defence.
The Court awarded the respondents $200,000 in trial costs and $30,000 in appeal costs.
