Winston Gee

The defendant brought a motion requesting that its summary judgment motion be heard before the plaintiff's motion for certification of a class proceeding regarding the calculation of long-term disability benefits.

The plaintiff opposed, arguing the motions should be heard together or certification first.

The court applied the factors from Canon v. Funds for Canada Foundation and determined that hearing both motions at the same time would be the fairest and most efficient manner of proceeding, avoiding potential delays and multiple appeals.

The defendant's motion was dismissed.

A commercial cold storage lease dispute concerning the interpretation of an energy cost pass-through clause and the tenant's right to renew.

The tenant failed to pay claimed increased energy costs, which the landlord characterized as a default preventing lease renewal.

The application judge found the tenant in breach and declined to grant relief from forfeiture due to lack of due diligence.

On appeal, the tenant challenged only the relief from forfeiture decision, arguing the wrong legal test was applied.

The appellate court upheld the decision, confirming that relief from forfeiture in lease renewal contexts requires a narrower test than the standard three-pronged approach, and that the tenant must demonstrate diligent efforts to comply with lease terms.