2693693 Ontario Inc. (Plaintiff) leased a property from De Zen Realty, managed by Palmieri.
The lease included clauses regarding liability and insurance, notably absolving the landlord from liability for certain damages and requiring the tenant to maintain insurance.
After a fire caused damage, the Plaintiff sought to hold the landlord and its agents (including Master’s Roofing and Sam Lee) liable for negligence and breach of contract.
Both defendant groups sought summary judgment to dismiss the claims against them.
Key Points:
Liability and Insurance Clauses: The court focused on the lease's clauses, especially the tenant's insurance obligations and an exclusion clause limiting the landlord's liability.
Summary Judgment Granted: The court concluded that the Plaintiff assumed the risk of loss due to its insurance obligations under the lease, leading to the dismissal of claims against both defendant groups.
Exclusion of Liability: The exclusion clause (Article 6.12) was deemed valid, negating liability for De Zen and its agents regarding the fire damage.
No Waiver of Obligations: The court found no evidence of waiver by the landlord regarding the Plaintiff’s insurance obligations and rejected arguments that the lease’s terms were unconscionable or inapplicable.
Appropriateness for Summary Judgment: The court deemed the case suitable for summary judgment, finding that further evidence at trial was unnecessary for a just resolution.
The document does not specify the total amount of costs awarded
