The appellant challenged a motions judge's interpretation of sub-clauses in a head lease and argued that the subtenants' failure to agree to be bound by the head lease constituted a breach.
The Court of Appeal upheld the interpretation adopted below and found no basis to interfere with the findings on insurance coverage and signage, which were supported by the evidence.
The court further agreed that relief from forfeiture would have been appropriate in any event.
The appeal was dismissed with costs.
