JCW

[Summary Judgment – Tenancy Agreement – Specific Performance to reinstate the premises to original state and condition when handing over vacant possession] Justin was the counsel for the Plaintiffs, the owner of the premises. In this case, the Plaintiffs rented 2 adjoining unit of premises to the Defendant and the Defendant removed the partition wall between the 2 premises. A tenancy agreement was entered into with specific terms that the Defendant is to reinstate the premises and give vacant possession to the Plaintiffs upon expiration of the tenancy agreement. The tenancy agreement was subsequently terminated and the Defendant returned the keys of the premises without reinstating the premises in its original state. The Plaintiffs filed an application for summary judgment against the Defendant to reinstate the premises to original state and subsequently to give vacant possession of the premises after the reinstatement. The Plaintiffs’ application for summary judgment was allowed by the Court and the Court held that there are no triable issues.