Sharon IIvasky

Following the plaintiff's successful motion regarding a commercial lease renewal, the court received written submissions on costs.

The plaintiff sought substantial indemnity costs of $34,339.46, arguing the defendant's conduct was unreasonable and high-handed.

The defendant argued each party should bear its own costs or that partial indemnity costs should be significantly reduced.

The court found the defendant's conduct was not so egregious as to warrant substantial indemnity costs and awarded the plaintiff partial indemnity costs fixed at $20,000 inclusive of disbursements and taxes.

The plaintiff tenant brought a motion for partial summary judgment seeking a declaration that it validly exercised its option to renew a commercial lease for a school premises.

The defendant landlord brought a cross-motion seeking a declaration that the lease was not validly renewed.

The court found that partial summary judgment was appropriate and held that the tenant had provided explicit and unequivocal written notice of its intention to renew via email.

The court also found that the landlord had waived strict compliance with the lease's notice delivery requirements by communicating via email, and alternatively, the tenant would be entitled to relief from forfeiture.

The plaintiff's motion was granted and the lease was declared extended to August 31, 2025.