Summary: 8167800 Canada Inc., doing business as Lead Home Renovation (Appellant), appealed an order from the Superior Court concerning the enforcement of lease conditions and alleged lease violations by Denison Limited (Respondent).
Key Points:
Lease and Violations: The appellant rented industrial premises from Denison, which later alleged multiple lease violations, leading to lease termination and eviction. The appellant contested these actions, seeking relief from forfeiture.
Superior Court Decision: The court ruled in favor of the appellant, allowing relief from forfeiture, but placed conditions related to the permitted use of the premises, particularly addressing unauthorized activities like the construction of kitchen cabinets.
Appeal Concerns: The appellant contested findings related to its operations, arguing that its activities did not constitute prohibited manufacturing but were instead part of allowable warehousing and distribution. The court rejected these claims, upholding the Superior Court’s decision.
Assignment of Lease: The court also upheld the respondent’s refusal to consent to an assignment of the lease, aligning with findings about unauthorized use of the premises.
Additional Issues: The court addressed a minor issue regarding the removal of an abandoned truck, confirming compliance with city bylaws.
Outcome: The Court of Appeal denied the appeal in its entirety, affirming the lower court's decision that the appellant’s activities violated the lease terms. The court ordered that costs in the agreed amount of $14,000 on an all-inclusive basis are payable by the appellant, 8167800 Canada Inc., to the respondent, Denison Limited.
