Todd Burke

The applicant commercial tenant sought a declaration that it had been overcharged for base rent and requested a retroactive rent rebate of at least $450,000.

The tenant argued that the rent charged exceeded market rates and relied on certain lease provisions referencing rentable area and market rents.

The court dismissed the application, finding that the parties had freely negotiated and agreed to the rent increases as the tenant expanded its footprint.

The court held that the lease did not contain a general right to a retroactive rent adjustment based on market rates.

The applicant tenant brought an urgent application to prevent the respondent landlords from terminating a commercial lease or exercising distraint after the tenant unilaterally withheld rent.

The tenant claimed the rent was calculated incorrectly by including the parking lot.

The parties agreed on consent that the tenant would pay all arrears and ongoing rent to keep the lease in good standing pending a hearing on the merits of the rent abatement.

The court fixed costs of the urgent motion at $18,000 payable by the tenant.

The plaintiff, an Ontario-based charity, brought an action for a declaration that it owed no money to the defendant, a US-based charity operating in Colombia, under a funding agreement.

The agreement contained a forum selection clause designating Ontario.

The defendant moved to stay the Ontario action, arguing that the dispute should be heard in Colombia where it had initiated proceedings to annul the forum clause.

The court dismissed the motion, finding that the defendant failed to demonstrate 'strong cause' to override the parties' contractual choice of forum, as the dispute primarily involved contractual interpretation and accounting rather than broad factual inquiries in Colombia.