Vatsa Kalpeshkumar Modi

The court considered whether Gan Yeladim Day Care Centre (GYDC) was entitled to remain in the premises of Beth Emeth Bais Yehuda Synagogue (BEBY) after the expiry of its lease and subsequent failed negotiations for a new lease.

The court found that GYDC had properly given notice of its intention to renew, and that the lease was effectively extended for another year based on the parties’ conduct and history.

The court granted GYDC equitable relief, allowing it to remain until August 31, 2026, to find a new location, and awarded costs against BEBY.

The plaintiff, Lukey Capital Corp., brought a motion for summary judgment against the defendants for failure to pay a promissory note.

The defendants admitted signing the note and making some interest payments but failed to repay the principal.

They raised various defences, including lack of clear default definition, alleged amendment of terms, lack of demand, prejudice to other creditors, and concerns about the note's execution and legal representation.

The court found no genuine issue requiring a trial, concluding that the defendants understood their obligations and failed to meet them.

Summary judgment was granted in favour of the plaintiff for the principal, outstanding interest, and fixed costs.