Key Points:
- Lease Agreement: The lease began on November 1, 2016, for a 10-year term with Paramount as the tenant and 1726837 Ontario Inc. as the indemnifier.
- Default by Paramount: Paramount stopped paying rent in 2021 and abandoned the premises in November 2021.
- Mitigation Efforts: Gerenby re-leased the premises to a new tenant, incurring additional costs for securing the lease and replacing the tenant.
- Damages Sought: Gerenby sought damages for unpaid rent, costs related to mitigating the breach, and interest, totaling $729,158.14.
- Defendants' Arguments: Defendants claimed misrepresentation due to undisclosed construction outside the premises but failed to file any supporting materials.
- Court Decision: The court granted summary judgment in favor of Gerenby, finding no genuine issue for trial regarding the breach, mitigation efforts, or alleged misrepresentation.
Outcome:
- Judgment Amount: $729,158.14 awarded to Gerenby.
- Interest: Prejudgment interest to be paid as per the lease agreement.
- Costs: Defendants ordered to pay costs of $37,678.77.
The court concluded that the plaintiff's claims were supported by evidence and the lease terms, while the defendants failed to substantiate their defenses.
