17 May 2023
Daniels CCW Corporation v Shevchuk
In the case of Daniels CCW Corporation v. Larisa Shevchuk and Emmanuel Paul dated May 17, 2023, involves a motion for summary judgment in a commercial lease dispute. The plaintiff, Daniels CCW Corporation, pursued a judgment against the defendant Tenant, Larisa Shevchuk, and the defendant Indemnifier, Emmanuel Paul. The Landlord aimed for a judgment of $184,359.62, encompassing $169,964.34 in damages for lost rents and pre-judgment interest of $14,395.28, as per the lease terms.
The Landlord initiated the action on April 20, 2022. The defendants responded with a Statement of Defence on May 30, 2022. The Landlord then filed a motion for summary judgment on August 16, 2022, supported by affidavits from Nicole Ferrari, the Vice President of Commercial Asset Management. The Tenant and Indemnifier opposed the motion, submitting an affidavit from Mr. Paul. Cross-examination of Ms. Ferrari occurred on November 25, 2022.
The summary judgment motion was adjourned on March 30, 2023, to accommodate cross-examination of Ms. Ferrari. Ultimately, the Plaintiff provided a supplementary affidavit on March 22, 2023, reducing the claimed amount to $169,964.34. Further cross-examination of Ms. Ferrari took place on April 19, 2023. The summary judgment motion was argued on May 1, 2023, with a judgment reserved.
The court granted the Landlord a judgment of $184,359.62, considering the changed circumstances brought by the re-renting of the premises to Miracle Ear Canada Ltd.