The applicant landlord and respondent condominium corporation disputed the status of a lease for parking units after the original term expired.
The parties had signed a handwritten agreement to reduce rent and parking spaces, conditional on rezoning applications.
The court found the handwritten agreement unenforceable due to mutual breaches.
Consequently, the condominium corporation was found to be an overholding month-to-month tenant under the original lease and was ordered to pay rent arrears.
The court also held that the condominium's declaration and municipal by-laws did not compel the parties to maintain the lease in perpetuity.
