Background:
The case involved a landlord-tenant dispute between André Norbert Gobeil and Gisèle Anne Marie Gobeil (applicants/landlords) and Aaron Goldman and Indigivision Inc. (respondents/tenants) over a commercial lease for a property at 28 Gobeil Road, Dufresne, Manitoba. The applicants sought a writ of vacant possession after the lease expired and alleged that the respondents wrongfully refused to vacate the premises.

Key Legal Issues

• Nature of Lease: The applicants argued it was a commercial lease, while the respondents claimed it was a residential tenancy, which would trigger different legal protections.

• Option to Purchase vs. Right of First Refusal: The respondents contended they had an option to purchase the property, but the court ruled Clause 56 only granted a right of first refusal, which had expired.

• Lease Renewal: The respondents failed to properly exercise their renewal rights, making them overholding tenants.

• Improper Service & Procedural Delays: The respondents challenged the applicants’ method of service, but the court found no prejudice.

Ruling & Award:
The court granted a writ of possession, ordering the respondents to vacate within 30 days. The applicants were awarded elevated costs at a Tariff 4 level, as per the lease agreement, though exact figures were not specified.