The applicant health unit sought to relocate its headquarters by entering into a new lease.
The respondent County, which was the applicant's current landlord and an unsuccessful bidder for the new location, refused to consent to the lease under s. 52(3) of the Health Protection and Promotion Act.
The court determined that a lease constitutes 'holding real property' under the Act, thus requiring municipal consent.
However, the court set aside the County's refusal, finding it was made in bad faith and with a reasonable apprehension of bias due to the County's direct financial interest in keeping the applicant as a tenant.
