The appellant landlord and its related corporate tenant appealed an order granting the respondent franchisor specific performance of an option to lease agreement.
The application judge found that the landlord and tenant acted in concert to frustrate the franchisor's attempt to enforce the option after the tenant terminated its franchise agreement.
The Court of Appeal dismissed the appeal, upholding the findings that the parties acted in concert, that the option agreement's true intent did not require the application of contra proferentem, and that the commercial premises possessed the requisite uniqueness to justify specific performance.
