The applicants, owners of a deconsecrated church and surrounding property, brought an application to evict the respondent tenant, The United People of Canada (TUPOC).
The parties had entered into an agreement of purchase and sale that included a commercial lease.
TUPOC failed to pay the required deposits and rent on time, despite multiple extensions.
The applicants terminated the agreement and the lease.
The court found that TUPOC materially breached the agreement by failing to pay the deposits, enforcing the 'time is of the essence' clause.
The court denied TUPOC's request for relief from forfeiture because it failed to tender the owed funds and did not come to court with clean hands.
The application for eviction was granted.
