The applicant, LAF Canada Company, sought an extension of its lease with the respondent, Woodbine Highway 7 Retail Inc., on the basis that the force majeure clause in the lease was triggered by government-mandated COVID-19 closures.
The court found the case to be on all fours with Niagara Falls Shopping Centre Inc. v. LAF Canada Company, 2023 ONCA 159, and held that the force majeure clause applied, extending the lease by 348 days.
LAF was not required to pay rent during the extension period, having already paid rent during the closure periods.
The court also awarded costs to LAF.
