The plaintiff, a real estate brokerage, sued the defendant for breach of contract for an unpaid leasing commission on a commercial property.
The core issues involved whether an Offer to Lease was terminated, whether a subsequent lease with a Loblaw affiliate (Shoppers Drug Mart) fulfilled the commission agreement's conditions, and the interpretation of the "Tenant" definition to include after-acquired affiliates.
The court found that the Offer to Lease was not terminated, the Shoppers Lease substantially fulfilled the conditions, and the definition of "Tenant" objectively included entities that became Loblaw affiliates within the specified 24-month period.
The plaintiff was awarded the commission, but interest was limited to 5% per annum due to a violation of the Interest Act.