Two tenants of a shopping plaza appealed the dismissal of their applications regarding parking covenants in their respective commercial leases.
Good Life Corporation argued its lease guaranteed unlimited access to all parking spaces and prohibited the landlord from granting exclusive spaces to other tenants.
Royal LePage argued its lease entitled it to 30 exclusive parking spaces.
The Court of Appeal held that Good Life's lease only guaranteed general access to the parking lot, but prohibited the landlord from reducing the number of available spaces by granting additional reserved spaces to other tenants after the lease commenced.
The Court also held that Royal LePage was only entitled to 6 reserved spaces, not 30.
Both appeals were allowed in part to issue declarations clarifying these rights.
