The applicant landlord sought vacant possession and damages from the respondents, a tenant and a related corporation.
The respondents brought a cross-application for damages and determination of rights under a settlement agreement.
The court found the landlord-tenant relationship had irretrievably broken down due to the tenant's admitted failure to pay rent, which constituted a fundamental breach of the lease.
The court granted the landlord a declaration that the lease was terminated and issued a writ of possession, delayed by 30 days.
However, due to significant factual disputes, credibility issues, and the potential need for expert evidence, the court converted all remaining claims for damages from both parties into a single action to proceed with fresh pleadings and examinations for discovery.