Key Issue:

• Dispute: Unpaid rent and associated costs under a lease agreement from May 1, 2020, to June 30, 2021.

Timeline and Findings:

• May 19, 2023: Initial decision set rent owing as of April 1, 2021, at $663,117.15. Directed further determination for the period until June 30, 2021.
• Submissions:
  • 1218807 Alberta Ltd. (the “Landlord”):
    • Total damages calculated as $773,636.67.
    • Rent for May and June 2021: $110,519.52.
    • Adjusted total damages: $671,813.17.
  • Muslim Association of Canada (“MAC”):
    • Disputed inclusion of property taxes, operating costs, and management fees.

Court's Determination:

• Corrected Damages: Excluded property taxes and GST, finalizing at $616,848.09.
• Remaining Damages: After deducting the security deposit of $101,823.50, the total is $515,024.59.
• Interest: Set at 18% plus prime as per the lease.
• Solicitor-Client Costs: To be assessed separately if no agreement is reached.

Legal Principles:

• Lease Obligations: Tenant's responsibilities for rent and additional charges.
• Damage Calculations: Proper method excluding certain fees.
• Summary Trial Procedures: Importance of presenting all evidence and arguments initially.

Final Decision:

The court established the correct damages amount owed by MAC to the landlord, providing clarity on lease disputes and calculation of damages.