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Court of Appeal clarified that the trial of the issue is limited to Part 4 of section 444.1(1) of the Municipal Act.
In a supplementary endorsement, the Court of Appeal clarified its previous order regarding a commercial lease dispute.
The Court confirmed that the trial of the issue was ordered only on Part 4 of section 444.1(1) of the Municipal Act, as the offer to lease entered into before June 11, 1998, satisfied Part 1 of the section.
Appeal allowed and trial of an issue directed regarding the elimination of business tax in a commercial lease.
The appellant appealed an order of the applications judge regarding a commercial lease and the elimination of business tax.
The Court of Appeal found that the applications judge's inference that the parties took the elimination of business tax into account when negotiating rent was weak and conflicted with objective evidence.
The Court allowed the appeal, set aside the order, and directed a trial of the issue of whether the remedial provisions of section 444.1(1) of the Municipal Act had been met.
