The Decorators Choice has leased space from Innes Crossing for over 20 years.
A new lease for a larger space was signed on February 1, 2022.
Innes Crossing failed to complete required construction work and did not provide possession by June 1, 2022.
Default Judgment Motion:
Innes Crossing did not respond to the statement of claim and was noted in default.
The Decorators Choice sought validation of the lease, specific performance, and an adjournment of the damages claim until fully crystallized.
Court's Findings:
Lease Execution: The lease was validly executed.
Breach of Lease: Innes Crossing breached the lease by not completing required work and not providing possession of the new premises.
Specific Performance: Granted because the property is unique and monetary damages are inadequate. The new premises allow business growth and fulfillment of distributor agreements.
Adjournment of Damages Claim: Damages will be addressed once The Decorators Choice has taken possession and completed necessary work.
Disposition:
The lease was validly executed and breached by Innes Crossing.
Specific performance of the lease is granted for the full term of 10 years.
Innes Crossing must give immediate possession and facilitate necessary work and permits.
The damages claim is adjourned until losses are fully crystallized.
