The applicant landlords sought to enforce a Relief From Forfeiture Agreement and terminate a commercial lease due to the tenant's failure to pay rent.
The tenant argued it was protected from eviction based on its application for the Canada Emergency Rent Subsidy (CERS).
The court found that the tenant had breached the conditional agreement, which explicitly stated the landlord would not be prejudiced by a stay of eviction based on CERS.
The court granted the application, terminating the lease and awarding judgment for rent arrears and costs against the tenant and its indemnifiers.
