Two competing applications were brought seeking the interpretation of a commercial lease between a tenant operating a nutritional supplement store and a landlord.
The landlord alleged the tenant breached the lease and a restrictive covenant in favour of another tenant by preparing made-to-order protein shakes, selling weight loss products, and operating a juice bar.
The court found that the lease did not permit the tenant to prepare or mix shakes on-site, constituting a breach.
However, the tenant was permitted to sell weight loss products, and there was insufficient evidence that it operated a juice bar.
A permanent injunction was granted restraining the tenant from selling on-site prepared beverages.
