Summary:

• 2693693 Ontario Inc. (Plaintiff) leased a property from De Zen Realty, managed by Palmieri.
• The lease included clauses regarding liability and insurance, notably absolving the landlord from liability for certain damages and requiring the tenant to maintain insurance.
• After a fire caused damage, the Plaintiff sought to hold the landlord and its agents (including Master’s Roofing and Sam Lee) liable for negligence and breach of contract.
• Both defendant groups sought summary judgment to dismiss the claims against them.

Key Points:

• Liability and Insurance Clauses: The court focused on the lease's clauses, especially the tenant's insurance obligations and an exclusion clause limiting the landlord's liability.
• Summary Judgment Granted: The court concluded that the Plaintiff assumed the risk of loss due to its insurance obligations under the lease, leading to the dismissal of claims against both defendant groups.
• Exclusion of Liability: The exclusion clause (Article 6.12) was deemed valid, negating liability for De Zen and its agents regarding the fire damage.
• No Waiver of Obligations: The court found no evidence of waiver by the landlord regarding the Plaintiff’s insurance obligations and rejected arguments that the lease’s terms were unconscionable or inapplicable.
• Appropriateness for Summary Judgment: The court deemed the case suitable for summary judgment, finding that further evidence at trial was unnecessary for a just resolution.
• The document does not specify the total amount of costs awarded