- Case Overview (Past Tense): - The case dated back to a long-standing dispute between 2356802 Ontario Corp. (the "Landlord") and 285 Spadina SPV Inc. (the "Tenant") over the interpretation of the lease of the Property. - The Landlord had provided a Construction Allowance of $3,164,000 for Landlord's Work as per the Lease. - Disputes had arisen over the Tenant's use of the Construction Allowance. - Terms of Reference (Lease Decision, April 25, 2022): - The Lease Decision, issued on April 25, 2022, had stated that the Landlord was entitled to receive a compliant Tenant's Certificate for all Landlord's Work payments. - The Tenant had been required to provide invoices and proof of payment for Landlord's Work. - An implied term had been established, obligating the Tenant to reimburse any overpayment of the Construction Allowance. - The Tenant had been ordered to repay any unproven amounts within 45 days. - Conclusion: - It was determined that the Tenant was liable to reimburse the Landlord $1,501,139.64. - Mr. Hitti had been found liable to reimburse the Landlord $3,500. - Costs: - No party had provided a costs outline; parties were required to agree on costs by November 30, 2023, or submit a costs submission to the trial coordinator, Ms. Meditskos, if no agreement had been reached by that date.