Court of Appeal for Ontario

Date: 2025-04-02
Docket: COA-24-CV-1055

Before: Janet Simmons, D.A. Wilson, L. Madsen

Between:
Garlicky Mediterranean Grill Inc.
Applicant (Appellant)

and

2715762 Ontario Inc.
Respondent (Respondent)

Appearances:
Shahzad Siddiqui and Osman Ali, for the appellant
Eli Bordman and Lindsay Poole, for the respondent

Heard and released orally: March 28, 2025

On appeal from the order of Justice Ranjan K. Agarwal of the Superior Court of Justice, dated October 2, 2024.

Reasons for Decision

[1] The appellant’s main argument on appeal is that the application judge erred in failing to find the email correspondence between the appellant and the landlord amounted to the exercise of the appellant’s option to renew the lease.

[2] The application judge made findings, at paragraphs 32 and 33 of his reasons, that the appellant’s December 8, 2023 email did not meet the formal requirements for the exercise of an option, and that the landlord did not treat it as such.

[3] These findings of mixed fact and law are entitled to deference on appeal. We see no extricable error of law on the part of the application judge or any other basis on which to interfere.

[4] Given that the appellant did not exercise its option to renew, the landlord was not contractually bound to any future specific lease terms.

[5] The appeal is therefore dismissed.

[6] The costs of the appeal and all prior motions are awarded to the respondent on a partial indemnity scale fixed in the amount of $12,000 inclusive of disbursements and HST.

“Janet Simmons J.A.”
“D.A. Wilson J.A.”
“L. Madsen J.A.”