The appellant tenant sought leave to appeal and to set aside an arbitration award that determined the fair market base rent for a commercial lease renewal.
The court dismissed the application, finding no basis to set aside the award under section 46 of the Arbitration Act, as the arbitrator acted within his jurisdiction and the process was fair.
Furthermore, the court denied leave to appeal under section 45(1) because the appellant's grounds raised questions of mixed fact and law, primarily concerning contractual interpretation and factual findings, rather than extricable questions of law.