30 May 2023
FCP (BOPC) Ltd. v Suzy Shier (Canada) Ltd.
In the case of FCP (BOPC) Ltd. v Suzy Shier (Canada) Ltd. dated May 30, 2023, the plaintiffs FCP (BOPC) LTD., ARI FCP Holdings Inc., and CPPIB FCP Holdings Inc. (collectively, the “Landlord”), were seeking summary judgment against former tenant defendant, Suzy Shier (Canada), for rent arrears amounting to $367,668.44. Suzy Shier had rented two units in First Canadian Place under a 10-year lease, and during the COVID-19 pandemic, the Landlord had provided temporary rent deferrals. However, Suzy Shier had failed to repay the deferred rent by the specified date and did not pay the rent in full when due. Suzy Shier's defense claiming a rent relief agreement between the parties was not considered valid, and therefore, the Landlord was entitled to the judgment for the claimed amount. As a result, the court granted the Landlord's motion for summary judgment as there were no genuine issues requiring a trial.
The court granted summary judgment in favor of the Landlord. Suzy Shier was ordered to pay $367,668.44, inclusive of HST. Additionally, the Landlord was awarded prejudgment interest at the BMO prime rate plus 5%, to be calculated following the terms of the lease. The parties were expected to agree on the calculation of prejudgment interest, and any remaining disputes could be addressed through further arrangements with the judicial assistant.