Is Xira entitled to repudiate (refuse) the lease?
British Columbia, Canada
The following excerpt is from Xira Holdings Ltd. v. Mountain Sky Properties Inc., 2019 BCCRT 808 (CanLII):
21. In any event, to be entitled to repudiate (refuse to perform) the lease, Xira would need to demonstrate that Mountain Sky’s conduct went to the very root of the lease to make further performance impossible, or that it substantially deprived Xira of the whole benefit of the lease (see Stearman v. Powers (c.o.b. Walkabout Casual Wear), 2014 BCCA 206). I find Xira has not met this burden.
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