CIVIL PROCEDURE - Costs - Particular orders - Party and party or partial indemnity

Law360 Canada (May 4, 2023, 6:26 AM EDT) -- Appeal by Jagtoo & Jagtoo from the dismissal of its application against the respondent landlord on several grounds, including that the application judge erred in finding the respondent did not breach its duty to act in good faith. The appellant also applied for leave to appeal the cross-motion costs. The appellant was a small law firm. Jagtoo, the appellant’s counsel, was a partner at the firm. The respondent was the landlord of the premises occupied by appellant. The lease between the parties was set to expire. The lease included a renewal clause which stipulated that the appellant could renew the lease for three years, provided the parties agreed on the basic rent. Basic rent had to be based on the then market rate and failure to reach an agreement on the basic rent would result in the renewal option being revoked. The parties were not able to agree on the appropriate market rate. The respondent made a formal offer to settle which was not accepted. Hence, the lease was not renewed. The appellant filed an application against the respondent and requested, among other things, that the court find that the respondent breached its duty to act in good faith. The respondent replied and filed a cross-motion against the appellant, seeking to remove Jagtoo as appellant’s counsel or to compel the appellant to appoint a solicitor of record. The cross-motion was heard and decided before the appellant’s application. The motion was dismissed and costs to the appellant on a partial indemnity basis was ordered. Subsequently, the appellant’s application was dismissed....
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