The appellant tenant appealed a motions judge's decision which found that his lease did not include the basement premises of the property.
The Court of Appeal held that the motions judge ignored relevant evidence, including a note on a schedule attached to the lease and an affidavit from the original landlord confirming the basement's inclusion.
The Court of Appeal allowed the appeal, set aside the motions judge's decision, and dismissed the respondent landlord's application, concluding that the basement was part of the demised premises.
