Trenton D. Johnson

The applicant landlord brought an application seeking an order requiring the respondent commercial tenant to execute the landlord's current standard form lease, which included a new demolition clause, as a condition of exercising its option to renew.

The original lease stated that any renewal would be on the same terms except that the landlord could require the execution of its then-current standard form lease.

The court applied principles of commercial contract interpretation and found that the clear wording of the lease permitted the landlord to require the tenant to sign the new standard form lease, even if it contained material changes such as a demolition clause.

The application was granted.

Following a successful application regarding the scope of a right of way and removal of obstructions interfering with vehicular ingress and egress, the court determined the appropriate costs award.

The responding parties argued that the successful parties should receive a reduced costs award because they failed to pursue meaningful pre‑litigation discussions and adopted an unnecessarily adversarial approach.

The court reviewed the factors under Rule 57.01 of the Rules of Civil Procedure and rejected the argument that the successful parties’ conduct disentitled them to costs.

Finding partial indemnity appropriate, the court fixed costs at a reduced but substantial amount.

The responding parties were ordered to pay a lump‑sum costs award.

The applicant property owners brought an application seeking a declaration that a 1911 right-of-way over the respondents' land permitted them vehicular access to the rear of their property.

The respondents had barricaded the access point, arguing the right-of-way was strictly for accessing the abutting railway lands.

The court found that the reference to the railway lands in the deeds was merely a boundary descriptor, not a limitation on the easement's purpose.

Furthermore, the court held that the applicants' use of the right-of-way to access their property was a reasonably necessary ancillary right to the easement.

A declaration was issued permitting the applicants' vehicular ingress and egress.