The appellant commercial tenant appealed a Small Claims Court judgment awarding the respondent landlord damages for breach of a lease.
The trial judge found the tenant failed to leave the premises in a good state of repair, including failing to replace a broken HVAC unit and remove a mirror.
The Divisional Court upheld the trial judge's factual findings, finding no palpable and overriding error.
However, the court allowed the appeal in part, deducting a 15% administrative fee that was not authorized by the lease for non-structural repairs.
