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Application to invalidate commercial lease termination notice dismissed; 30-day termination clause remained valid and enforceable.
The applicant-tenant sought to invalidate a Notice of Termination issued by the respondent-landlord.
The landlord relied on a 30-day termination clause that had been added to the commercial lease in 1997 and modified in 1998.
The tenant argued the clause did not apply to the current lease and relied on principles of commercial lease interpretation.
The court dismissed the application, finding that the termination clause was clear, unambiguous, and had never been expressly removed in subsequent lease extensions.
Furthermore, the tenant had signed an estoppel certificate acknowledging the lease documents containing the termination right.
