The appellant appealed a decision refusing relief from forfeiture of an option agreement after it was terminated by the respondent due to persistent late payment of rent.
The Court of Appeal held that the application judge was entitled to find the late payments constituted a material breach of the tenancy agreement.
Furthermore, the application judge made no error in principle in applying the test for relief from forfeiture under section 98 of the Courts of Justice Act.
The appeal was dismissed with costs.
