Law360 Canada (January 26, 2023, 6:38 AM EST) -- Application by the landlord seeking declarations Hummingbird breached a commercial lease agreement and that the Applicant properly and validly terminated the lease. The parties entered into a lease agreement of the property with office and warehouse space (Premises) in 2020 for a five-year term (Lease). The Lease required any proposed alterations or additions be submitted on a plan to the Landlord for approval, any alterations or additions comply with municipal regulations and by-laws, and all necessary and appropriate permits and licenses be obtained. Hummingbird made changes to the Premises without prior approval and without obtaining any building permits. A conceptual drawing was provided to the Landlord, but no construction plan was produced for approval. The Landlord delivered two Notices of Default followed by a Notice of Termination in 2022. The defaults identified included undertaking alterations to the Premises which were not permitted under the Lease, the failure to secure prior approval of the Landlord and undertaking alterations without obtaining a building permit. It was also alleged Hummingbird improperly installed heavy equipment and machinery in the Premises without the Landlord’s knowledge or consent, and improperly used the common parking lot facilities thereby causing nuisance, safety and liability concerns and interfering with the business operations of the other tenants. The Respondent sought a declaration the lease had not been validly terminated or in the alternative, it asked for relief from forfeiture....