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Click here to view the PDF version of these materials. Careful consideration is owed to how a tenant’s removal and restoration obligations are expressed under a lease. The sco...
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
In a prior News ReLease (Are Exclusive Covenants About to Become Extinct?, from November 29, 2023), we discussed the Competition Bureau’s Ret...
The insolvency of the Hudson’s Bay Company (“HBC”), Canada’s oldest corporation and iconic department store, is the most re...
In our February 8, 2024, News ReLease, we reported on The Canada Life Assurance Company et al. v Aphria Inc. (“Aphria”). In that case, the tenant wanted out of its lease and purported to “repudiate”, in an attempt to force the landlord to take the (office) space to market. The landlord took the position that it had no obligation to accept the tenant’s repudiation or look for a replacement tenant, and that the tenant was required to pay rent over the balance of the term.
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