The applicant tenant sought a declaration that an agreement of purchase and sale was binding and an order for specific performance.
The commercial lease contained an obligation for the tenant to purchase the property once the landlord completed environmental remediation and provided a consultant's certificate.
The tenant attempted to trigger the purchase by waiving the requirement for the certificate, even though remediation was not complete.
The court dismissed the application, finding that the contract required the landlord to first advise that remediation was complete before the tenant could waive the certificate.
The court also held that while the provision was not a true condition precedent, it benefited both parties and could not be unilaterally waived by the tenant.
