2 Mar 2023
11889796 Canada v. Donnelly
In the case of 11889796 Canada v. Donnelly dated March 2, 2023, the involved plaintiff was 11889796 Canada Inc. (the "Landlord") and the defendant was Donnelly Hospitality Management Limited (the "Tenant") along with Jeff Donnelly ("Donnelly"). The Landlord had sought a default judgment against the Tenant and Donnelly for $275,152.79 due to a breach of a lease agreement.
The Tenant, operating under the name Dutch Love, had run a cannabis retail store. They had entered into an Original Lease in February 2020. However, the Tenant breached the lease by not paying rent in March 2022. After unsuccessful attempts to rectify the breach, the Landlord had discovered that the Tenant had abandoned the premises and had removed all inventory, thereby violating the lease terms.
The Landlord pursued various damages, including rent arrears, differences arising from lease variations, and fees. The court had awarded a partial judgment of $87,633.65, acknowledging rent and vacancy arrears, specific fees, and interest. However, the court had considered that other matters needed to undergo trial due to the absence of evidence and a clear legal foundation.
In summary, the court had granted partial judgment in favor of the Landlord for specific damages, while directing that remaining issues should proceed to trial.