The decision concerns a dispute over the renewal of a commercial lease between McDonald’s Restaurants of Canada Limited and North Elgin Centre Inc. McDonald’s sought to exercise its option to renew the lease for two additional 10-year terms, while North Elgin opposed the renewal, seeking to terminate the lease and redevelop the property.
The court reviewed the lease provisions, the requirements of the Planning Act, and the parties’ conduct, ultimately finding that the lease had been validly renewed for both the first and second renewal terms, subject to municipal consent.
The court dismissed North Elgin’s application to terminate the lease and granted McDonald’s a declaration of renewal, ordering North Elgin to refrain from further communications that would undermine the consent process.