The appellant operated travel-related kiosks at a major airport and challenged municipal realty tax liability on the basis that its agreement with the airport authority created only a licence, not a tenancy, under the Assessment Act.
The Court of Appeal held that the issue was one of pure contractual interpretation and legal characterization, reviewable on a correctness standard, and that the agreement as a whole unambiguously created a landlord-tenant relationship.
The court further held that the appellant's leased premises did not qualify as "eligible property" under s. 331 of the Municipal Act, 2001 because the appellant could not bring the premises within any enumerated statutory category.
The appeal was dismissed with agreed costs.
