A tenant's notice of intention to renew a commercial lease is valid even if it includes proposals for new terms.
The Court of Appeal for Ontario dismissed an appeal concerning the valid exercise of a lease renewal option.
The appellant argued the tenant's notice was not clear and unequivocal because it included proposals for new terms.
The court affirmed the motion judge's finding that the tenant's explicit statement of intent to renew was sufficient, as the lease anticipated ongoing negotiations for rent, and the additional proposals did not render the notice conditional.
OCACourt of AppealJun 16, 2022