Wolfgang Siegfried Kaufmann

The appellants appealed a decision declaring that their commercial lease expired and ordering vacant possession.

The appellants argued that they had entered into a binding conditional contract for the extension or renewal of the lease and that the landlords were estoppel from adducing evidence to the contrary.

The Court of Appeal dismissed the appeal, finding that the record amply supported the application judge's conclusion that the parties were merely engaged in negotiations and had not concluded an enforceable agreement to renew or extend the lease.

The appellant landlord appealed a trial judgment awarding the respondent tenant damages for rent paid and the return of a mistaken payment.

The tenant had agreed to terminate its commercial lease early but continued paying rent until the termination date.

Before that date, the landlord leased the premises to a new tenant.

The trial judge found this constituted an eviction, entitling the tenant to the return of rent paid for the overlapping period.

The trial judge also ordered the return of a mistaken payment, rejecting the landlord's claim for set-off as the alleged tax liabilities had not crystallized.

The Court of Appeal agreed with the trial judge on both issues and dismissed the appeal.

The appellant landlord appealed a decision interpreting a Lease Extension and Amending Agreement.

The application judge held that the agreement extended a restrictive covenant in favour of the tenant for the full term of the agreement.

The Court of Appeal found no error, noting that the agreement confirmed the restrictive covenant remained unchanged except as modified, and the only relevant modification was the definition of the term, extending it to 16 years and 7 months.

The appeal was dismissed with costs.