The dispute centered on rent arrears owed by Suzy Shier (Canada) Ltd. (Appellant) to FCP (BOPC) Ltd. and associated entities (Respondents) under a commercial lease.
The core issue was whether a binding rent relief agreement was in place that adjusted rent payments during the COVID-19 pandemic.
Key Points:
The Appellant claimed a rent relief agreement existed that modified the rent amounts due during the pandemic, which the motion judge rejected.
The motion judge ruled the offered rent relief agreement was never accepted by the appellant before its expiry, leading to the conclusion that only a temporary deferment occurred, making the deferred amounts eventually payable.
The Appellant argued that the motion judge erred in his summary judgment by overlooking alleged inconsistencies in the evidence and flaws in documentary production.
Outcome:
The Court of Appeal upheld the motion judge's decision, finding no reversible error in his conclusions, which were supported by factual findings from the evidence presented.
The appeal was dismissed, and the appellant was ordered to pay the respondents $20,000 in appeal costs on a substantial indemnity scale, as stipulated in their lease.
