The Landlord sought a declaration that a lease agreement with the Tenant (Fido Solutions Inc. and Rogers Communications Inc.) for a cellular tower site was properly terminated due to a bona fide intention to develop the property, rendering the facility's operation no longer feasible.
The Tenant disputed the termination and sought relief from forfeiture.
The court interpreted "feasible" to imply reasonableness and practicability, not impossibility, and found the Landlord's development plans, coupled with the City's conditions for parkland dedication, made the facility's continued operation unfeasible.
The court also determined that while the Landlord's acceptance of rent created an annual overholding tenancy, it was properly terminated by a second notice.
Relief from forfeiture was denied as the termination was an exercise of a contractual right, not a breach.
The Landlord's application was granted, ordering termination of the lease, removal of the facility, payment of rent, and deletion of the notice of lease from title.