Case Overview:
Centurion Apartment Properties (Scott Road 1) Inc. appealed a decision reducing its claim for unpaid rent and damages against Piquancy Enterprises Ltd. and others, following the tenant's repudiation of a commercial lease for a fast-food franchise.

Key Issues:
The appeal addressed whether the landlord unreasonably delayed terminating the lease, whether mitigation applied to unpaid rent while the lease was active, and who bore the burden of proving mitigation efforts.

Decision:
The British Columbia Court of Appeal ruled the trial judge erred in placing the burden of proof for mitigation on Centurion and confirmed that landlords have no duty to mitigate losses for unpaid rent while the lease is active. The court restored Centurion’s entitlement to rent from July 2022 to February 2023 and damages for reduced lease payments under a new tenant agreement.

Award:
The court increased Centurion’s total award to $101,262.76, up from $30,016.39.