You may have previously noticed that our News Releases aim to provide practical advice on, and insight into, the law of commercial leasing. We like to avoid esoteric, lawyerish musings. That is, except for this issue. There is an issue brewing in the Supreme Court of Canada that could have a profound impact on the world of commercial leasing. We just have to tell you about this, so please bear with us as we explain our excitement over an esoteric, lawyerish matter.
Estate in Land? Commercial Contract? Or Both?
The issue before the Supreme Court boils down to this: Is a commercial lease: an estate in land? a commercial contract? or both? The last time the Supreme Court dealt with this issue was in 1971 in Highway Properties Ltd. v. Kelly, Douglas and Co. ("Highway Properties").
​Read the full article here: Damages v Injunctions Prelude to a Potential Answer from SCC- September 15-2006
The information contained in this article is provided for general informational purposes only and does not constitute legal advice. No recipient of this content should act, or refrain from acting, based on any information included without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
