The appellant appealed the dismissal of its application regarding a commercial lease dispute.
The application judge had concluded the matter could not be decided on application and dismissed it without prejudice to the appellant's right to commence an action.
The Court of Appeal agreed that the main issue—whether the landlord's failure to sign and return an amending agreement amounted to a failure to reach a binding agreement—could not be decided on application.
However, the Court revised the procedural remedy, ordering the trial of an issue rather than requiring a new action to be commenced.
The appeal was otherwise dismissed with costs to the respondent.
