The appellant landlord appealed a decision declaring that it unreasonably withheld consent for the respondent tenant, Loblaws, to change its supermarket banner to 'No Frills' and temporarily close for renovations.
The Court of Appeal dismissed the appeal, finding no error in the application judge's interpretation of the lease's use and continuous operation provisions.
The court applied a deferential standard of review to the factual findings and upheld the refusal to admit new evidence.
