Zenex Enterprises Limited ("Zenex") sought a declaration that its leases with Promenade Limited Partnership ("Promenade") were valid and in good standing, or in the alternative, relief against forfeiture under the Commercial Tenancies Act.
The court found Promenade's notice of default invalid due to improper claims of lease breaches and Zenex having remedied any alleged breaches.
However, the court also found that Promenade's notices of termination, issued under a mutual termination right in the leases, were valid.
Relief against forfeiture was not granted for these terminations as they were based on a contractual right, not a breach.
The application was dismissed.
