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ASCO Manufacturing Ltd. v. P. Judge Investments Inc.
  • Facts: ASCO Manufacturing Ltd. (ASCO) sued for a declaration to occupy premises for an additional period based on a lease agreement. The landlords, P. Judge Investments Inc. and Malloch Investments LLC, contended the lease expired and served a termination notice.
  • Issues: The dispute centered on whether ASCO had a valid lease extension or tenancy beyond the original lease term.
  • Ruling: The court found that the lease expired as per its terms, with no basis for renewal or continuation beyond the specified period.
  • Key Points:
    • The 2017 lease clearly stipulated a term ending September 30, 2021.
    • Amendments and assignments were made with landlord consent, reaffirming lease terms.
    • ASCO's claims based on negotiations and representations outside the lease terms were not credible or consistent with the written agreements.
  • Outcome: The court granted summary judgment, dismissing ASCO's claim for lease extension and addressing the counterclaim for rent overholding, except for claims involving third-party damages due to insufficient evidence.
  • No financial terms specified.
ASCO MANUFACTURING LIMITED
Law Firm / Organization
Not specified
Lawyer(s)

Bhupinder Nagra

P. JUDGE INVESTMENTS INC.
Law Firm / Organization
Not specified
Lawyer(s)

Shaun R. Singh

MALLOCH INVESTMENTS LLC c.o.b. ADVANCE BLVD. PROPERTY
Law Firm / Organization
Not specified
Lawyer(s)

Shaun R. Singh

Superior Court of Justice - Ontario
CV-22-641-00
Real estate
Not specified/Unspecified
Defendant