Real Property - Landlord and tenant - Forfeiture and re-entry
Tenant entered into commercial lease for suite of premises. Property was purchased by current landlord. Parties agreed that tenant could move into suites comprising reduced total area and rent. Dispute arose over commencement date of lease. Landlord provided notice to tenant that it was in default of rent, and provided notice to quit requiring tenant to vacate premises. Tenant brought application for relief from forfeiture. Application dismissed. Parties had agreed that tenant would pay two years rent at specified rate as set out in offer to lease. Landlord delivered notice to quit based on its right to do so under lease. Offer to lease provided that initial term of offer was for period of time commencing when landlord substantially completed certain work, and termination date was date two years less one day following satisfaction or waiver of landlord's condition. Termination date was reached and tenancy expired. Pursuant to offer to lease, provisions of standard lease applied irrespective of whether or not standard lease was signed. Under standard lease, if tenant remained in occupancy, it was tenant paying month-to-month, at monthly net rent payable in advance on first day of each month equal to twice monthly amount of net rent payable during last month of term. Landlord provided proper notice to quit.
1230455 Ontario Ltd. v. 150 Katimavik Inc. (2019), 2019 CarswellOnt 6409, 2019 ONSC 2481, M. O'Bonsawin J. (Ont. S.C.J.).
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