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In a recent decision, the Ontario Superior Court not only granted a bankruptcy trustee access to a premises and the right to assign a lease, despite the landlord’s claim that the same trustee...
Written by J. E. Dennis Daoust Shopping Centre Newsletter, Vol. 16, No. 11
Facing competition in the confines of a shopping centre can be overwhelming without the comfort of a non-competition (often referred to as an exclusive use) clause the restricts the landlord from leases stores to competitors. These clauses are an important part of many deals, but they can have disastrous results for a landlord that fails to give careful attention to the wording.
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