Sands v. Walpole Island First Nations Band

2018 ONCA 188; Lerners acted for the respondent, Sands, who operated a hunting camp on lands leased from the appellant. Sands had made extensive improvements to the land until the lease was terminated. At trial, Sands was awarded $142,500 – the difference between the value of the improvements he made ($532,500 plus $40,000 deposit) and the rent owing under the lease ($430,000).

At issue on appeal was whether the trial judge erred in finding that: (i) there was an agreement between the parties that Sands would receive credit for improvements made to the leased land; and (ii) that the appellant had agreed to reduce the annual rent over a four-year period. Also at issue was whether the trial judge erred in awarding Sands $30,000 in aggravated damages.

All issues were determined in favour of Sands and the appeal was dismissed.