Re: “10 Day Prior Written Notice” — Notice of Termination of Land Lease
Performance Plus Land Lease
Due to repeated defaults in rent payments,
Your land lease will terminate 11:59 PM Thursday December 6, 2007.
If you continue to occupy the leased premises after the expiration date, Section 12.2 “Overholding” will apply and legal action will commence.
(Emphasis in original)1
 On December 3, 2007, via e-mail, the respondent asked to
meet the appellant to discuss the lease. The appellant replied
the same day:
I have been forced into legal action
And I am meeting with my lawyer Tues after noon to check on my legal
options He will advise you as to the action we will take after our meeting.
 The respondent replied on December 4, 2007:
Nick: I received your e-mail in which you refuse to meet to resolve this issue
therefore I have no choice but to terminate.
Our business relation. I am willing to discuss terms for the sale of the Driving facility, along with the teaching academy.
I only ask that you wait until after the holidays. I am sure this will meet
with your approval as it makes good sense.
 The respondent vacated the premises and removed certain assets from the property on December 6, 2007. However,
the appellant called the Ontario Provincial Police (“OPP”) and
prevented the respondent from removing other assets that
 On December 20, 2007, the respondent’s solicitor sent a
letter advising the appellant that the respondent intended to
return and remove its “fixtures” prior to January 31, 2008,
among other things.
 The appellant replied to the December 20 letter the
next day, stating the respondent would not be allowed on the
premises and that their differences would have to be settled
1 The record contains no explanation of what s. 12.2 is or where it comes
from. It may be the case that s. 12.2 came from one of the draft leases, but
the parties admitted at trial that the draft written leases were never
signed and were of no force or effect.