Ontario Civil


Civil Practice and Procedure

Summary judgment

Sufficiency of claim as basis for judgment

Landlord insisted tenant pay for terms in addition to unpaid rent before being allowed to re-enter premises

Motion judge found that landlord and tenant reached agreement to reinstate 2012 lease and that landlord fundamentally breached that agreement. Landlord appealed. Appeal dismissed. Motion judge’s second finding was supported by landlord’s letter. In that letter, landlord insisted that tenant pay for terms in addition to unpaid rent and costs of re-entry before being allowed to re-enter premises.

772067 Ontario Limited v. Victoria Strong Manufacturing Corporation (2018), 2018 CarswellOnt 378, 2018 ONCA 36, John Laskin J.A., G.T. Trotter J.A., and Fairburn J.A. (Ont. C.A.); affirmed (2017), 2017 CarswellOnt 6459, 2017 ONSC 2719, Firestone J. (Ont. S.C.J.).

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