NPR GP Inc v Higher Experience Inc

canada, canadian, case law, court opinion, canlii, nuca, 2026nuca1, 2026 nuca 1 (canlii), 2026, nuca, 1, (canlii), 08-25-004-cac, 2026, lease and tenancy, commercial lease, remedies, whether tenant must deliver vacant possession following appeal, chambers judge’s declaration of three, year oral lease set aside, landlord, tenant relationship ongoing despite settlement assertions, order directing delivery of vacant possession by specified date, appeal allowed, order set aside, vacant possession ordered, procedure, mootness, settlement privilege, is the appeal moot given a post, judgment settlement agreement?, settlement materials struck, privilege respected under sable offshore energy inc v ameron international corp, borowski test applied, adversarial context and adjudicative role engaged, appeal not moot, paragraph struck from supplemental factum, contracts, formation, oral lease, did the parties reach a binding oral lease in july 2023?, essential terms and intention to be bound not established, objective bystander test applied, formality of execution required by practice and lease wording, reliance on emails unreasonable to infer agreement, declaration of oral lease set aside, procedure, pleadings, fairness, did the chambers judge err by finding bad faith not pleaded or argued?, new theory introduced in reasons without notice, fundamental unfairness warranting appellate intervention, malton v attia cited, finding of “bad faith conduct” cannot stand, bad faith finding set aside, procedure, costs, solicitor, client costs, whether solicitor, client costs were justified absent request and submissions, award grounded solely in improper bad faith finding, no basis for elevated costs, party, and, party costs appropriate, solicitor, client costs set aside, party, and, party costs awarded