M. Claire Wilkinson

The Applicant landlord sought to terminate a commercial lease and obtain a Writ of Possession, arguing the Respondent tenant failed to timely exercise its renewal option and breached lease terms.

The Respondent cross-applied for a declaration of valid renewal or relief from forfeiture.

The court found the tenant's renewal notice was submitted out of time, rendering it null and void, and dismissed the tenant's request for equitable relief from forfeiture, emphasizing strict compliance with renewal provisions in commercial leases.

The plaintiff, Issa Yusuf, brought an action against Dreamfund Holdings Inc., 10268054 Canada Corp., Dreammaker Realty Inc., and Isaac Jr. Olowolafe (also known as Temitope Olowolafe) for unpaid investments.

The defendants, all connected to Olowolafe, failed to appear at trial despite being properly served and noted in default.

The court found that Olowolafe was the directing mind of the corporate defendants and that a signed repayment agreement for $516,248.96 was binding.

Judgment was granted in favour of the plaintiff against all defendants jointly and severally for the full amount, plus prejudgment and postjudgment interest, and costs.