The applicant, The District Municipality of Muskoka, sought a declaration that a lease agreement with the respondent, David Gronfors, had validly terminated and an order for vacant possession of airport premises.
The respondent argued the lease had not expired, that the Ontario Superior Court lacked jurisdiction due to the airport context (federal law), and that a forum selection clause mandated the Federal Court.
The court found that the provincial Commercial Tenancies Act applied, exercised its discretion to hear the case despite the forum selection clause, and determined the lease had indeed expired on October 31, 2023, based on clear lease terms and the respondent's prior inconsistent representations in other litigation.
A writ of possession was ordered.