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Getting Around the Principle of Immunity

Sep 8, 2020

We think it is time to return to our regularly scheduled programming and write about Lease Law, without everything having to be COVID related all the time.

Years ago (in 1975 and 1977), the Supreme Court of Canada ruled that a tenant could rely on its landlord’s insurance policy in certain circumstances. Many a lawyer has tried to help their landlord clients to “contract out” of the law laid down by those cases, often referred to as the “Trilogy”. The wording necessary to avoid the legal principle (called the “principle of immunity”) was not clear. However, the recent Ontario Court of Appeal decision, Royal Host Limited Partnership (General partner of) v. 1842259 Ontario Ltd. clarified how to contract out of the principle of immunity – a relief to long-baffled landlords.

Read the full article here: Getting Around the Principle of Immunity

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