Court File and Parties

Court File No.: CV-19-626057 Date: 2020-08-25 Superior Court of Justice - Ontario

Re: TELUS Health Solutions, Applicant And: 2467502 Ontario Inc., Respondent

Before: Schabas J.

Counsel: Krista Chaytor and Caitlin Steven, Counsel for the Applicant Stephen R. Jackson, Counsel for the Respondent

Heard: August 25, 2020

Endorsement

[1] This matter seeking a declaration that the applicant is entitled to apply $73,152.50 of the unused portion of a leasehold allowance to offset rent owing under a commercial lease came on for a hearing before me today.

[2] Following brief submissions by the applicant addressing the terms of the lease and a purported application of the credit by the respondent landlord, counsel for the respondent advised that his client would consent to the relief sought, including pre-and post-judgment interest. He advised that his client had concerns about the use of the balance of the unused leasehold allowance, but that was not an issue before me today.

[3] In the circumstances, and on consent, I grant the relief sought in paragraphs 1(b) and 1(d) of the Notice of Application, and an order should issue accordingly.

[4] In addition, the respondent agrees that the applicant is entitled to costs, and the applicant seeks costs on a partial indemnity basis of $24,216.44. The Bill of Costs amply supports this request. Further, it is clear from the record that the applicant was entitled to apply the unused portion of the leasehold allowance to offset rent, and should not have been put to the trouble of preparing this application, which included cross-examinations and factums, only to find that the respondent would consent to the relief sought at the hearing. The applicant shall therefore have its costs in the full amount requested, of $24,216.44.

Schabas J.

Date: 2020-08-25