The plaintiff, CCPS Land Development Ltd., brought a motion for summary judgment, alternatively to strike the defendant's (Capital Sewer Services Inc.) statement of defence and counterclaim, or to compel discovery.
The action concerned damages for alleged breach of a commercial lease.
The court dismissed the summary judgment and striking pleadings requests, finding genuine issues requiring a trial, particularly regarding the condition of the premises, responsibility for repairs, the overholding period, and the relationship between the plaintiff and a subtenant (Uniflo).
The court did grant the request for a discovery timetable and ordered the defendant to pay $6,000 in costs to the plaintiff.
