The plaintiff landlord appealed the dismissal of its action for damages for breach of a commercial lease.
The subtenant vacated the premises before the end of the sublease term, but rent was fully paid at the time.
The landlord immediately changed the locks and issued a notice of repudiation before the next rent payment was due.
The Court of Appeal upheld the motion judge's finding that the landlord fundamentally breached the lease by acting before any default occurred, entitling the tenant to treat the lease as at an end.
The appeal was dismissed.
