ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-04-00008041-0000
DATE: 2026-03-03
BETWEEN:
Vista Sudbury Hotels Inc. carrying on business as Rainbow Value Centre and Vista Sudbury Complex Inc.
Plaintiffs
– and –
The Oshawa Group Limited, Oshawa Holdings Limited, and Zellers Inc.
Defendants
Barry Weintraub and Vincent DeMarco, for the Plaintiffs
Nicole Henderson and Natalie Cammarasana, for the Defendants
HEARD at Sudbury, Ontario:
May 30 & 31, 2023
June 1, 2, 5 & 6, 2023
November 12, 2024
And additional written submissions
SUPPLEMENTARY REASONS FOR DECISION - DAMAGES
Cullin j.
[1] On January 15, 2026, I issued reasons for decision following the trial regarding damages in this matter. In those reasons, I invited the parties to make written submissions within 45 days of the date of this decision regarding any calculation errors in the damages ordered. Likewise, I invited them to file their written submissions as to prejudgment interest and costs within 60 days of the date of this decision.
[2] The parties have identified an error in the calculation of the damages in respect of Hart Stores, noting that the total in paragraph 216(a) should be $308,064.12 and not $297,679.51, given the findings in paragraphs 81, 83, and 86 of the reasons for decision. I agree that this is a calculation error. Paragraph 216(a) of the reasons for decision will therefore be amended to remove $297,679.51 and to replace it with $308,064.12. Likewise, paragraph 217 of the reasons for decision will be amended to remove $570,216.02 and to replace it with $580,600.63.
[3] The parties have also advised the Court that they have negotiated an agreement regarding the issue of prejudgment interest. The prejudgment interest rate is to be fixed at 2.8% having regard to the Courts of Justice Act, R.S.O. 1990. c.C.43, and the parties agree that this results in prejudgment interest fixed at $352,973.37 to January 15, 2026.
[4] The parties have not agreed upon costs and will be filing written submissions.
[5] In summary then, damages and interest shall be awarded as follows:
a. The total damages awarded are $580,600.63, which is broken down as follows:
i. Losses from inducing Hart Stores to the Mall to replace Zellers as an anchor tenant, in the amount of $308,064.12;
ii. Losses from Rainbow Cinemas retention concessions, in the amount of $211,967;
iii. Losses from The Northern Shop lease termination, in the amount of $26,000;
iv. Losses from the Oasis Fitness lease termination, in the amount of $31,438.95;
v. Losses from the Leathers by Marie lease termination, in the amount of $3,020.35; and,
vi. Losses from the Via Paris lease termination, in the amount of $110.21.
b. Prejudgment interest shall be awarded to January 15, 2026 in the amount of $352,973.37, based on a prejudgment interest rate of 2.8%.
c. The plaintiff’s remaining claims for damages shall be dismissed.
[6] The issue of costs shall be addressed following the receipt of written submissions.
Cullin J.
Released: March 3, 2026
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Vista Sudbury Hotels Inc. carrying on business as Rainbow Value Centre and Vista Sudbury Complex Inc.
Plaintiffs
– and –
The Oshawa Group Limited, Oshawa Holdings Limited, and Zellers Inc.
Defendants
SUPPLEMENTARY
REASONS FOR DECISION - DAMAGES
Cullin J.
Released: March 3, 2026