Court of Appeal for Ontario

Stoneridge Travel Centre Inc. v. 1079334 Ontario Ltd.

Date: 2000-03-30

James C. Orr (Kelly Affleck Green), for the appellant, Stoneridge Travel Centre Inc.

(C32156)

[1] By the Court: The appellant's main argument is with respect to the proper interpretation of clause 4 (4) and (7) of the head lease. We agree with the motions judge's interpretation of these sub-clauses. Consequently the appellant's submission that the failure of the subtenants to agree to be bound by terms of the head lease constitute a breach, must fail.

[2] The other two grounds of appeal deal with insurance coverage and signage on the property. On these issues, the findings of the motions judge are supported by the evidence and we cannot interfere.

[3] Finally, we agree with the motions judge that, in any event, this was an appropriate case for relief from forfeiture, if required.

[4] The appeal is dismissed with costs.

Appeal dismissed.