The applicants, as landlords and mortgagees in possession, sought declaratory relief concerning a commercial lease and possession of the premises.
The central issue was whether the lease had expired in January 2013 or remained in force pursuant to alleged amendments extending the term and providing automatic renewal.
The court found that no proper notice of the purported amendments had been provided to the applicants after they became landlords.
As a result, the amendments were not binding, the lease terminated on January 14, 2013, and the tenant became an overholding tenant subject to a month‑to‑month tenancy.
The month‑to‑month tenancy was validly terminated under s. 28 of the Commercial Tenancies Act, entitling the applicants to possession and a writ of possession.