COMMERCIAL TENANCIES - Landlord’s remedies - Termination of lease (forfeiture) - Non-monetary default

Law360 Canada ( October 15, 2024, 11:40 AM EDT) -- Application by District Municipality of Muskoka ("Muskoka") for a court order declaring that the lease agreement with Gronfors validly terminated and for an order that Gronfors deliver to Muskoka vacant possession of the premises. The lease agreement, dated October 7, 1985, had an effectivity date of November 1, 1983. It was originally between Her Majesty the Queen in Right of Canada, represented by the Minister of Transport, and Air Muskoka Ltd. ("HMQ"). The lease agreement was assigned to Gronfors on October 28, 1985. Gronfors was served with a notice to vacate the premises when the lease expired on October 31, 2023. He refused to vacate the premises relying on the lease document date rather than the explicit effective date and alleged that the lease did not expire until 2025. He also argued that the lease was related to a tenancy agreement at an airport, thus federal law should apply, and disputes should be heard in Federal Court as per the lease’s forum selection clause....
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