The appellant tenant appealed a trial judgment finding it liable for breaching a commercial lease agreement.
The trial judge had concluded that the parties reached a binding agreement on a final form of lease that differed significantly from their initial Offer to Lease.
The Court of Appeal allowed the appeal, finding a palpable and overriding error because the documentary record showed ongoing disagreement over significant substantive terms.
Since the landlord insisted on a lease form containing terms the tenant had not agreed to, the tenant did not breach the agreement by refusing to sign it.
