Prabhjot Badesha

The applicant tenant brought an application for a declaration that it was in compliance with its commercial lease and sought relief from forfeiture after being locked out by the respondent landlord.

The landlord alleged the tenant breached the lease by subletting to towing companies and leaving debris outside the premises.

The court found no evidence of a sublease, noting the tenant merely allowed related towing companies to temporarily park vehicles.

The court also held the landlord's Notice of Termination was deficient under s. 19(2) of the Commercial Tenancies Act for lacking specificity.

The lease was declared to remain in full force and effect, and the landlord was ordered to pay $20,000 in costs due to sharp practices.

The plaintiff sought leave to issue a certificate of pending litigation (CPL) on a property purchased by one of the corporate defendants.

The plaintiff alleged that funds owed to it for unpaid meat supplies were diverted by the debtor corporation's directors to fund the property purchase, claiming a constructive trust and tracing remedy.

The court dismissed the motion, finding the plaintiff was essentially an unsecured creditor seeking to secure a debt rather than asserting a genuine interest in land, and that other remedies were available.