Fact Scenario: Page 69 (5 Marks) 2316796 Ontario Inc v Chetti, 2016 ONSC 5216 Two parties came to an Agreement of Purchase of Sale of a restaurant. The applicant, Dusan Varga, and respondent, John Chetti, operated restaurants in the same building, one leased and one owned. The agreement was that Chetti would lease Varga's establishment and buy the assets of the business for $125,000. The Agreement of Purchase of Sale was signed after the closing date and was conditional on the landlord's consent to an assignment of lease. Varga alleged that Chetti had agreed to pay rent pending the landlord's consent to the deal but did not do so, and that Chetti did not proceed with the agreement after the consent was given. Chetti argued that Varga had failed to deliver an assignment of lease by closing day, and therefore he was not in breach. 1. Was the agreement binding on the parties? 2. Can Chetti rely on a claim that the assignment was conditional on rent being paid if he and Varga were the ones responsible for the rent? 3. Does it matter that the Agreement of Purchase and Sale were signed after the closing date?