The plaintiffs sought a declaration that a lease agreement, attached as a schedule to an expired option agreement for quarry operations, was void.
The defendant sought the opposite declaration and substantial damages.
The court found that the option agreement had expired, the lease was never activated due to unfulfilled conditions precedent, and the lease terms themselves were unconscionable, particularly regarding property description, access rights, and allocation of rehabilitation and licensing costs.
The court declared the lease void and awarded the defendant only the expenses incurred after the option agreement's expiry, rejecting claims for expenses incurred during the option period as they were at the defendant's risk.
