Dr. K. Ansarian Dentistry Professional Corporation v. Aptco Capital Corporation
Overview
On May 9, 2013, Robert Choi, an associate in our Litigation Group won a Superior Court application in which he acted for a commercial landlord that opposed a co-tenant's attempt to renew the lease after the expiry of the renewal period. The co-tenant sought the equitable remedy of relief from forfeiture to extend the lease on the basis that it had made best efforts to do so prior to the expiry of the renewal period. However, the court agreed with the landlord and denied relief as, among other reasons, the applicant was just a co-tenant and failed to meet the definition of the "Tenant" pursuant to the lease. As such, the co-tenant's efforts to extend the lease failed to satisfy a pre-condition necessary for the court to grant relief from forfeiture. The co-tenant was ordered to pay the landlord's costs on a substantial indemnity basis. Dr. K. Ansarian Dentistry Professional Corporation v. Aptco Capital Corporation et al. 2013 ONSC 2662 (Ont. S.C.J. Commercial List).
To read the court decision, click here.
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