Daoust Vukovich LLP. 20 Queen Street West, Suite 3000, Toronto, Ontario, Canada M5H 3R3 T 416 597 6888T 416-597-6888 F 416 597 8897
Daoust Vukovich is pleased to announce recognition of seven lawyers selected in the 2024 Canadian Legal Lexpert Directory, highlighting their expertise and leadership in the Commercial Leasing...
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
When dealing with limitation periods, once it is determined whether the 2-year or 6-year period applies, it’s critical that the parties turn their mind to the question of: “starting when?”.
The 1971 landmark Supreme Court of Canada decision in Highway Properties Ltd. v. Kelly, Douglas and Co. Ltd., transformed the commercial leasing landscape by adding a fourth option of relief provided to landlords. Prior to this, landlords had three options available: do nothing and demand payment when due, terminate the tenancy and elect to pursue a claim for arrears, or re-enter the premises and re-let on the tenant's behalf. In this decision, a fourth option was introduced, affording landlords the option to terminate the lease and pursue a claim for both arrears and damages. The decision affirms that commercial leases, similar to a contract, ought to be recognized and treated as such, which affords landlords the full remedies under both contract and conveyance laws. However, a recent claim was brought before the courts, where a tenant challenged the decision in Highway Properties, requesting the previous decision be overturned.
On June 27, 2023, the Bureau released the Competition Bureau Retail Grocery Market Study Report aptly named “Canada Needs More Grocery Competition”. This report contained recommendations to the government, including that the Tribunal take measures to limit exclusive use covenants (referred to in the Bureau’s report as “property controls”) in the grocery industry.
Privacy Policy | Legal Disclaimer | Accessibility
All content ©Copyright 2021 Daoust Vukovich LLP. All rights reserved. Law firm marketing | Cubicle Fugitive