Shaun R. Singh

The plaintiff tenant, ASCO Manufacturing Limited, sought a declaration of a valid lease extension for commercial premises.

The defendant landlords, P. Judge Investments Inc. and Malloch Investments LLC (Advance), asserted the lease expired on September 30, 2021, and counterclaimed for overholding rent.

Advance brought a motion for summary judgment to dismiss ASCO's action and for judgment on its counterclaim.

The court found that the 2017 lease expired as per its terms on September 30, 2021, and ASCO became an overholding tenant.

The court dismissed ASCO's action, granted summary judgment to Advance for rental payments (damages to be assessed), vacated an interlocutory injunction, and ordered ASCO to surrender possession by February 28, 2024.

A claim for contribution and indemnity by Advance was dismissed without prejudice.

The applicant sought a declaration that the respondent held her 50% interest in a condominium in trust for him, based on resulting and/or constructive trust principles, and an order vesting 100% beneficial ownership in him.

The respondent filed a counter-application seeking an order for the listing and sale of the property under the Partition Act.

The court found no resulting trust, as the respondent contributed significantly to the property's acquisition cost, negating a gratuitous transfer.

No constructive trust was established, as the applicant's payment of carrying costs was offset by his family's occupation of the property, providing a juristic reason for any enrichment.

The applicant's claims were denied, and the respondent's counter-application for the sale of the property was granted, with net proceeds to be divided equally.