The appellant, a sub-lessee of commercial space, appealed the dismissal of its application for relief from forfeiture under s. 21 of the Commercial Tenancies Act and s. 98 of the Courts of Justice Act.
The landlord had exercised its right under the main lease to terminate the lease after receiving a request from the tenant to assign the lease.
The Court of Appeal dismissed the appeal, holding that relief from forfeiture is only available where a landlord seeks to enforce a right of re-entry or forfeiture due to a tenant's breach or default.
Because the landlord was exercising a contractual option to terminate rather than responding to a default, the statutory relief provisions did not apply.
