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Interlocutory injunction granted to commercial tenant after landlord breached duty of honest performance during lease negotiations.
The applicant tenant sought an interlocutory injunction to remain in possession of a commercial restaurant space after the landlord unilaterally terminated lease renewal negotiations and leased the premises to a new tenant.
The landlord brought a cross-motion for summary judgment to dismiss the application and terminate the lease.
The court found a serious issue to be tried regarding the landlord's duty of honest contractual performance, as the landlord remained silent about rejecting the tenant's renewal offer while secretly negotiating with a new tenant.
The court granted a three-month interlocutory injunction to allow the tenant to relocate and dismissed the landlord's cross-motion for summary judgment.
Motion to set aside dismissal for delay denied due to unexplained delay and prejudice.
The plaintiff brought a motion to set aside a registrar’s order dismissing an action as abandoned under Rule 76.06(2) of the Rules of Civil Procedure.
The court applied the contextual test including the factors identified in Reid v. Dow Corning Corp to determine whether the dismissal should be set aside.
The moving party failed to provide adequate evidence explaining significant delays in bringing the motion and did not sufficiently address potential prejudice to the defendant, particularly given the age of the underlying incident and the procedural history of the matter.
The court found that the explanations provided, including issues relating to counsel’s suspension and communication difficulties, were insufficient.
The motion was dismissed and costs were awarded to the defendant.
