A commercial tenancy dispute concerning a restaurant lease that expired on December 12, 2024.
The tenant failed to exercise a contractual renewal option by the required deadline of six months prior to expiry (June 2024).
The tenant sought relief from forfeiture to compel renewal of the lease for another five years.
The court dismissed the application, finding that the tenant made no diligent efforts to comply with the renewal option and failed to provide written notice as required by the lease.
The court held that relief from forfeiture is not available where the loss of the lease is consequential to the tenant's own failure to exercise contractual rights.
