Premier Drycleaners sought summary judgment against Burnford Realty Limited for alleged breach of a commercial lease and an order compelling assignment of a new lease.
Premier argued for rectification of the 2008 lease to include a five-year extension option from a 2007 document, and claimed damages for lost profits.
The court dismissed the motion for summary judgment in its entirety, finding genuine issues requiring a mini-trial regarding the terms of the 2008 lease and the alleged breach.
The court also dismissed the request to compel assignment of the 2013 lease, ruling that the landlord's refusal to consent was reasonable given concerns about the tenant's viability and the damaged landlord-tenant relationship due to ongoing litigation.
