The applicant and her co-tenant signed a commercial lease for a basement unit to operate a restaurant.
Shortly after, the co-tenant was incarcerated.
The applicant attempted to access the premises but was repeatedly denied entry by the landlord, who demanded confirmation from the incarcerated co-tenant.
The applicant sought a declaration that the lease was terminated due to fundamental breach.
The court found that the landlord improperly refused access, depriving the applicant of substantially the whole benefit of the lease.
The application was granted, the lease was declared terminated, and the applicant was permitted to retrieve her equipment and receive a refund of her rent deposit.
