The applicant landlord sought a declaration that the respondent tenant breached a commercial lease and that the lease was validly terminated, seeking vacant possession.
The tenant sought a declaration that the lease was not validly terminated or, alternatively, relief from forfeiture.
The court found that the tenant committed numerous and ongoing breaches, including making significant structural alterations without prior approval or building permits, and installing heavy equipment without consent.
The court held that the landlord properly terminated the lease and that the tenant's deliberate and flagrant conduct disentitled it to the equitable remedy of relief from forfeiture.
The landlord's application was granted and the tenant's application was dismissed.
