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Tenant validly exercised commercial lease option to purchase; landlord's claim of prior exercise and forfeiture rejected.
The applicant tenant brought an application for a declaration that it validly exercised its option to purchase two commercial properties from the respondent landlord.
The landlord argued the tenant had exercised the option earlier via an email and subsequently forfeited it by failing to close.
The court found the tenant clearly and unequivocally exercised the option on January 21, 2023, in strict conformity with the lease terms, and was entitled to purchase the properties.
The court also noted it would have granted relief from forfeiture if necessary.
Costs of $35,000 were awarded to the tenant.
The court dismissed sexual assault and breach charges due to the complainant's unreliable testimony.
The accused was charged with sexual assault and failure to comply with a recognizance.
The complainant alleged that the accused forced vaginal and anal intercourse upon her without consent between March 2015 and August 2017, and subsequently contacted her on Facebook in breach of a non-communication order.
The court found significant inconsistencies in the complainant's testimony regarding the frequency and nature of the alleged assaults, her credibility regarding the initiation of reconciliation, and the circumstances surrounding the peace bond application.
The court also found the evidence regarding the Facebook messages to be uncertain.
Both charges were dismissed due to reasonable doubt arising from the reliability concerns with the complainant's evidence.
