The appellant appealed the dismissal of its application for a declaration that it had the exclusive right to terminate a real estate agreement.
The agreement contained a clause allowing either party to terminate if severance approval was not obtained by a specified date.
The Court of Appeal upheld the application judge's finding that the final executed offer contained a mutual termination clause, rejecting the appellant's argument that uninitialed handwritten portions should be disregarded.
The court also rejected the appellant's promissory estoppel argument, finding the relationship was governed by contract.
The appeal was dismissed.
