I recently acted for a landlord in a commercial lease dispute. It should have been a simple action. The tenant was clearly in arrears; the landlord issued a Notice to Remedy; the tenant failed to pay; and the landlord locked the tenant out.
It was not a simple action.
In their 18 page Defence, the Defendants relied on everything from misrepresentation to unconscionable conduct to an assertion that the commercial office space was somehow a residential tenancy.
They refused to engage in settlement discussions. They overcomplicated the proceedings and refused to certify them ready for trial.
I filed an application for a trial date. And, the Defendants sacked their solicitors.
This conduct is not uncommon. Often, Defendants dismiss their solicitors at the 11th hour as a gambit to adjourn hearing dates.
In this case, the Defendants did not prevail.
Unfortunately, this was just the beginning. You might think that, with the proceedings set down for trial, I could take a deep breath and relax for a bit.
Not at all.
The trial order was made just before Christmas 2017.