At the heart of any successful shopping centre is a deliberate merchandising plan that maintains the right quality and variety of tenancies. One of the ways landlords control this balance is by way of lease provisions that prescribe each tenant's permitted use.
In light of the recent decision in 2249778 Ontario Inc. v. Smith (c.o.b. Fratburger) ("Fratburger"), however, the ability of landlords to coordinate and execute their leasing plans may be compromised (with potentially drastic consequences for tenants too).
Read the full article here: Using (or Abusing) the Use Clause- February 19-2015
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