· Case Overview: Joseph Longo (Plaintiff) sued Henry Yu Cheng and 1791325 Ontario Ltd. (Defendants), operating as Daily Fresh Food Market, for unpaid rent amounting to $69,903.82 plus interest. The Defendants counterclaimed, alleging excessive distress by the Plaintiff.
· Key Issues and Rulings:
- Liability for Rent:
- Mr. Cheng was found liable for unpaid base and additional rent for the years 2009–2014, with specific amounts determined for each year. Promissory estoppel limited his liability for additional rent beyond certain amounts for 2011-2014.
- Excessive Distress:
- The court found that the Plaintiff exercised excessive distress, causing damages to Mr. Cheng valued at $81,000. The distress did not comply with the requirements under the Commercial Tenancies Act, including proper inventory and appraisement of goods.
- Set-off and Final Judgment:
- After accounting for rent arrears and damages from the distress, the Plaintiff was ordered to pay Mr. Cheng a net sum of $44,627.88.
· Legal Principles Applied:
- Promissory Estoppel: The court relied on this doctrine to prevent the Plaintiff from claiming full additional rent due to previous conduct suggesting otherwise.
- Commercial Tenancies Act: The court found that the Plaintiff failed to comply with statutory requirements for distress, resulting in liability for damages.
· Disposition:
- No costs were awarded due to the divided success of both parties. The parties were allowed to make written submissions on costs if needed.
