S. Brunswick

The plaintiff condominium corporation appealed an Associate Justice's order striking several paragraphs from its Fresh as Amended Statement of Claim.

The underlying action alleged that the defendants conspired to cause the plaintiff to release easements over adjacent land for little or no value.

The Associate Justice struck paragraphs referring to the financial position of non-parties as irrelevant and scandalous, and struck other paragraphs for pleading evidence rather than material facts.

The Superior Court of Justice dismissed the appeal, finding no error in principle in the Associate Justice's exercise of discretion.

The plaintiff brought a motion for directions following a successful appeal of an arbitration, seeking to proceed expeditiously after losing confidence in the arbitrator.

All parties agreed to adjourn the motion pending an evaluation from Tarion regarding the return of deposits.

The court agreed it was in the interests of justice to adjourn the matter to August 5, 2021.

The plaintiff landlord sought summary judgment for approximately $800,000 in alleged unpaid rent from its commercial tenant and guarantor, arising from the tenant paying only 50% of minimum rent after opening its store before certain parking spaces were provided.

The dispute turned on whether a lease amending agreement implicitly removed the tenant’s contractual right to pay reduced rent when opening conditions were unmet.

The court applied principles of contractual interpretation emphasizing objective intention derived from the text and surrounding circumstances.

It held that the amendment concerning alternative parking did not modify the tenant’s right under the original lease to pay 50% rent until the required parking spaces were delivered.

The landlord’s claim for back rent was dismissed and the related summary judgment motion by the landlord’s former lawyers seeking dismissal of the negligence claim against them was also dismissed.