This article was originally published on Law360TM Canada (www.law360.ca), part of LexisNexis Canada Inc.
The Superior Court of Justice Ontario granted relief from forfeiture to the applicant who brought an application pursuant to Section 20(1) of the Commercial Tenancies Act (CLA) R.S.O. 1990, c. L.7 (CTA), and section 98 of the Courts of Justice Act (CJA) R.S.O. 1990, C.43 (CJA). Section 20(1) of CLA provides relief from forfeiture “having regard to the proceeding and conduct of the parties under section 19 and to all other circumstances.” Section 98 of the CJA grants the court jurisdiction to grant relief from forfeiture as the court considers just.
In this case, 8750297 Canada Inc. v. Ambassador Realty Inc. 2025 ONSC 5479, the applicant(tenant)had missed the renewal deadline and did not provide a written notice to the respondent (landlord) to renew the commercial lease. As a result, the respondent terminated the lease and signed a new lease with a new tenant. Until the determination of the application, the court granted interlocutary injunction restraining the respondent from taking any steps to terminate the lease, locking the applicant out of the premises and allowing the new tenant to take over the premises.