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In a relatively recent decision, Pita Royale Inc. (Aroma taste of the Middle East) v Buckingham Properties Inc., 2019 ONCA 439, the Ontario Court of Appeal confirmed yet again that once a commercial landlord makes an ‘election’ to terminate a lease due to a specific default of a tenant, the landlord is not permitted to distrain or seize the tenant’s goods on the premises ...

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Posted in Real Estate

Most commercial leases contain terms that require tenants to pay additional rent. Additional rent is usually a share of the costs and charges incurred to operate the property. These costs can include municipal taxes, insurance premiums, repair and maintenance costs and common area utility charges. In any given year, these charges change and fluctuate.  Landlords often ...

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Last year I blogged about a Nanaimo commercial tenant who defeated her landlord’s claim for unpaid rent on the grounds the lease had been fundamentally breached as a result of a pervasive odour. Neither the landlord, nor the tenant could find the source of the smell though it was related to the HVAC system. The odour was adversely affecting the tenant’s retail clothing ...

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