Court Of Appeal Summaries (March 27 ' 31, 2023)

• Law Firm: Blaney McMurtry LLP
• Subject Matter: Corporate/Commercial Law, Litigation, Mediation & Arbitration, Family and Matrimonial, Insolvency/Bankruptcy/Re-structuring, Insolvency/Bankruptcy, Contracts and Commercial Law, Family Law, Trials & Appeals & Compensation, Civil Law
• Author: Mr John Polyzogopoulos
• Published date: 13 April 2023

Good afternoon.

Following are this week's summaries of the civil decisions of Court of Appeal for Ontario for the week of March 27 to 31, 2023. There were only two substantive decisions. One was a commercial leasing matter, and the other was a receivership matter.

Wishing everyone an enjoyable weekend.

John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email

Ines Ferriera
Blaney McMurtry LLP
416.597.4895 Email

Table of Contents

Civil Decisions

Jagtoo & Jagtoo, Professional Corporation v. Grandfield Homes Holdings Limited, 2023 ONCA 214

Keywords: Contracts, Real Property, Commercial Leases, Renewal, Market Rent, Duty of Good Faith, Costs, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 133(b), Rules of Civil Procedure, r. 61.03.1(17), Bhasin v. Hrynew, 2014 SCC 71, Empress Towers Ltd. v. Bank of Nova Scotia (1990), 73 D.L.R. (4th) 400, Byers (Litigation Guardian of) v. Pentex Print Masters Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), Brad-Jay Investments Limited v. Village Developments Limited (2006), 218 O.A.C. 315 (C.A.), leave to appeal refused, [2007] S.C.C.A. No. 92

KingSett Mortgage Corporation v. 30 Roe Investments Corp., 2023 ONCA 219

Keywords: Bankruptcy and Insolvency, Receiverships, Sale Process, Civil Procedure, Approval Orders, Appeals, Leave to Appeal, Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, ss. 193(e), 195, Royal Bank of Canada v. Soundair Corporation (1991), 83 D.L.R. (4th) 76 (Ont. C.A.), Business Development Bank of Canada v. Pine Tree Resorts Inc., 2013 ONCA 282, Hillmount Capital Inc. v. Pizale, 2021 ONCA 364, MNP Ltd. v. Wilkes, 2020 SKCA 66, Re Harmon International Industries Inc., 2020 SKCA 95, 2403177 Ontario Inc. v. Bending Lake Iron Group Limited, 2016 ONCA 225, Impact Tool & Mould Inc. v. Impact Tool & Mould Inc. Estate, 2013 ONCA 697

Short Civil Decisions

Soo Mill and Lumber Company Ltd. v. Pozzebon, 2023 ONCA 215

Keywords: Construction, Costs, Construction Lien Act, R.S.O. 1990, c. C.30

LaRochelle v. Elite Environments Inc., 2023 ONCA 206

Keywords: Breach of Contract, Damages, Unjust Enrichment, Garland v. Consumers' Gas Co., 2004 SCC 25

Sidiqi v. Ahmadzai, 2023 ONCA 213

Keywords: Family Law, Child Support, Best Interests of the Child, Civil Procedure, Costs, Rules of Civil Procedure, r. 56.01, 61.06

Capone v. Fotak, 2023 ONCA 212

Keywords: Family Law, Costs, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 133(b)

Niagara Falls Shopping Centre Inc. v. LAF Canada Company,2023 ONCA 228

Keywords: Contracts, Interpretation, Commercial Leases, Landlord and Tenant, COVID-19 Restrictions, Civil Procedure, Costs

Halliday-Shaw v. Grieco, 2023 ONCA 226

Keywords: Contracts, Real Property, Agreements of Purchase and Sale of Land, CRA Clearance Certificates, Holdback, Remedies, Specific Performance, Civil Procedure, Summary Judgment, Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) s. 116, Ching v. Pier 27 Toronto Inc., 2021 ONCA 551, Lucas v. 1858793 Ontario Inc. (Howard Park), 2021 ONCA 52

CIVIL DECISIONS

Jagtoo & Jagtoo, Professional Corporation v. Grandfield Homes Holdings Limited, 2023 ONCA 214

[Tulloch, Thorburn and George JJ.A.]

COUNSEL:

J. Jagtoo and F. Jagtoo, for the appellant

M. Doyle and S. Jamshidimoghadam, for the respondent

Keywords: Contracts, Real Property, Commercial Leases, Renewal, Market Rent, Duty of Good Faith, Costs, Courts of Justice Act, R.S.O. 1990, c. C.43, s. 133(b), Rules of Civil Procedure, r. 61.03.1(17), Bhasin v. Hrynew, 2014 SCC 71, Empress Towers Ltd. v. Bank of Nova Scotia (1990), 73 D.L.R. (4th) 400, Byers (Litigation Guardian of) v. Pentex Print Masters Industries Inc. (2003), 62 O.R. (3d) 647 (C.A.), Brad-Jay Investments Limited v. Village Developments Limited (2006), 218 O.A.C. 315 (C.A.), leave to appeal refused, [2007] S.C.C.A. No. 92

FACTS:

This appeal arises out of an action between a small law firm, the appellant, and its landlord, the respondent. The lease between the appellant and the respondent was set to expire on October 31, 2021, but included a renewal clause which stated that the appellant could renew the lease for three years provided the parties agreed on the basic rent, which was to be based on the then market rate. The parties could not agree on the basic rent. After several months of negotiations, on September 1, 2021, the appellant offered $14 per square foot for a three-year term...