Judgment Released: February 22, 2010 Link to Judgment
A landlord sought partial summary judgment from a tenant in respect of rental arrears. There were other issues in dispute between the parties, however, the landlord alleged that there was no issue requiring a trial with respect to its claim for arrears as the tenant was in default within the meaning of the lease agreement. The tenant claimed that there were several issues requiring a trial, including the claim for arrears as the tenant had brought a separate claim against the landlord, including in relation to the manner of the landlord’s termination of the lease. The Court agreed and refused summary judgment, finding that the claim for arrears was central to the dispute between the parties and one of several genuine issues “…so intertwined that it would be wrong to grant the landlord summary judgment for rent…in isolation from the other issues that must be decided at a trial”. The Court noted that in granting or refusing summary judgment, the court must also consider whether the circumstances are proper to deprive the other party of its right to a trial.