The appellant landlord appealed a decision interpreting a Lease Extension and Amending Agreement.
The application judge held that the agreement extended a restrictive covenant in favour of the tenant for the full term of the agreement.
The Court of Appeal found no error, noting that the agreement confirmed the restrictive covenant remained unchanged except as modified, and the only relevant modification was the definition of the term, extending it to 16 years and 7 months.
The appeal was dismissed with costs.
