2 total
Sublandlord ordered to repay $418,876 in hydro overcharges for breaching lease and honest performance duty.
The court found that Empire Steel Inc. breached its sublease with AZZ Galvanizing Canada Limited by overcharging for hydro, contrary to the contractual requirement to pass on only the actual cost of utilities.
Empire’s attempt to justify the overcharges by reference to alternative agreements and a retroactive TMI reconciliation was rejected as lacking credibility and good faith.
The court awarded AZZ $418,876 for hydro overcharges, subject to a $20,000 set-off for outdoor storage, and dismissed all other counterclaims and crossclaims.
Mareva injunction extended in $1.4M fraud case; non-party examination suspended due to lack of service.
The plaintiff brought a motion to extend a Mareva injunction related to an alleged $1.4 million renovation fraud.
A defendant brought a cross-motion to discharge the order against him, and a non-party sought relief from an order compelling his examination under oath.
The court extended the Mareva order, dismissed the defendant's cross-motion as premature due to missing financial disclosure, and suspended the examination order against the non-party due to lack of service and reliance on implausible hearsay evidence.
The court also provided strict directions regarding the proper use of CaseLines and hyperlinking for future attendances.
