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Commercial tenant granted one-year lease extension by conduct but ordered to vacate upon its expiry.
The applicant landlord brought an application for a declaration that a commercial tenancy was terminated and sought vacant possession.
The respondent tenant argued that the lease had been extended to August 2023 through either a written agreement or an oral agreement based on part performance.
The court found that the landlord had waived strict compliance with the written notice requirement for the option to renew, resulting in an automatic one-year extension.
However, the court rejected the tenant's argument for a longer extension, finding no written agreement and that the doctrine of part performance did not apply.
The court ordered the tenant to deliver vacant possession at the end of the one-year extension period.
Motion for leave to appeal dismissed with costs fixed at $2,500.
The moving parties brought a motion for leave to appeal an unreported order of the Superior Court of Justice.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties in the fixed amount of $2,500.
