Law360 Canada (July 14, 2023, 5:57 AM EDT) -- Appeal by Horn Ventures International Inc. (“Horn Ventures”) from dismissal of its application to compel respondents (“Xylem”) to sell the property. Horn Ventures argued that the application judge erred in identifying in the Obligation to Purchase provision’s opening language two conditions to its operation. The parties entered into the Offer to Lease. Horn Ventures agreed to lease the property for a term of 15 years and Xylem agreed to remediate the property to address all environmental conditions as required by the government. Xylem was given broad rights of access to the property to perform the remediation, and rights to require co-operation from Horn Ventures. Horn Ventures acknowledged that the remediation may continue for an indefinite period. The agreement of purchase and sale attached to the Offer to Lease specified a purchase price of $1.6 million. The first round of the parties’ litigation confirmed that the Obligation to Purchase provision remained in effect up to the end of the last renewal period. Horn Ventures sent a signed agreement to purchase the property, in the form required by the Obligation to Purchase provision. Xylem refused to sign the agreement of purchase and sale. Xylem's maintained the provision was subject to conditions precedent which had not been fulfilled. The application judge accepted that remediation had not been completed. Horn Ventures did not contend that Xylem had failed to use its best efforts to complete the remediation....