Wittington Properties Limited applied for declarations that GoodLife Fitness Centres Inc. had lost its right to extend a lease due to ongoing breaches related to gross revenue reporting and a competition provision.
GoodLife brought a cross-application for declarations affirming its right to extend the lease and, in the alternative, relief from forfeiture.
The court found GoodLife was in default of the lease regarding both gross revenue reporting and the competition provision, and that GoodLife had not proven its breaches were de minimis or that Wittington had waived its rights or acted in bad faith.
Consequently, the court declared GoodLife had no right to extend the lease and ordered vacant possession.
