Ontario Civil

Civil Procedure

Actions of respondents high-handed, aggressive, and designed to intimidate

Respondent landlord locked applicant out of leased premises. Applicant tenant wished to re-enter premises. Applicant brought application for relief from forfeiture. Parties entered consent order to resolve application. Costs on substantial indemnity scale were warranted. Actions of respondents from time of lockout were high handed, aggressive and designed to intimidate applicant. Respondent rejected suggestions to resolve dispute without litigation. Actions of respondent left applicant no choice but to launch application. Respondent did not withdraw allegations of operation of brothel which were without foundation. Fees and disbursements, including taxes, were fixed at $50,000 payable by respondent forthwith.

2156384 Ontario Inc. v. C & K Property Management Inc. (Aug. 30, 2012, Ont. S.C.J., Wilson J., File No. CV-12-453360) 222 A.C.W.S. (3d) 870.

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