10008458 Manitoba Ltd. v. 10050429 Manitoba Ltd.
10008458 Manitoba Ltd.
Law Firm / Organization
Marr Finlayson Pollock LLP
Lawyer(s)

Peter Halamandaris

10050429 Manitoba Ltd.
Law Firm / Organization
D'Arcy & Deacon LLP
Lawyer(s)

Peter F. Aiello

  • Facts:

    • Dispute between 10008458 Manitoba Ltd. (Tenant) and 10050429 Manitoba Ltd. (Landlord) over a Notice of Default under the Landlord and Tenant Act.
    • Tenant entered a lease for commercial property in Winnipeg on October 21, 2020.
    • Issues arose regarding renovations, subleasing, and utility payments.
  • Issue: Whether the Notice of Default served by the Landlord to the Tenant was defective and if the Tenant was in breach of the lease agreement.

  • Court’s Ruling: The court found the Notice of Default to be defective and without force, concluding the Tenant was not in breach of the lease, and that the Tenant had not breached the lease regarding the payment of GST, renovations, subleasing, and utility payments due to waivers by the Landlord and misunderstandings that were clarified.

  • Costs/Damages: The tenant, 10008458 Manitoba Ltd., was awarded $45,000 in damages from 10050429 Manitoba Ltd.

Court of King's Bench Manitoba
CI 23-01-44153
Civil litigation
$ 45,000
Applicant