Michael Magonet

The applicant landlord sought a declaration that the respondent tenant breached a commercial lease and that the lease was validly terminated, seeking vacant possession.

The tenant sought a declaration that the lease was not validly terminated or, alternatively, relief from forfeiture.

The court found that the tenant committed numerous and ongoing breaches, including making significant structural alterations without prior approval or building permits, and installing heavy equipment without consent.

The court held that the landlord properly terminated the lease and that the tenant's deliberate and flagrant conduct disentitled it to the equitable remedy of relief from forfeiture.

The landlord's application was granted and the tenant's application was dismissed.

Following the dismissal of the applicant tenant's motion for an interlocutory injunction to halt site servicing work at a commercial plaza, the court determined the timing and quantum of costs.

The tenant argued costs should be reserved to the application judge, while the respondent landlord sought costs payable forthwith.

The court held that the injunction issues were distinct from the main application and ordered costs payable within 30 days pursuant to Rule 57.03.

Applying the principles of proportionality and fair and reasonable compensation, the court fixed the landlord's costs at $28,000.

The applicant tenant, operating a Popeyes restaurant, sought an interlocutory injunction to restrain the respondent landlord from proceeding with site servicing and parking lot construction work related to a plaza expansion.

The tenant argued the work would breach a lease provision prohibiting construction that materially interferes with its business operations or access.

The court applied the RJR-MacDonald test and found that while there was a serious issue to be tried, the tenant failed to establish irreparable harm, as any losses could be quantified and compensated monetarily.

The court also found the balance of convenience favoured the landlord, who had contractual obligations and faced significant delays if the work was halted.

The motion for an interlocutory injunction was dismissed.