Relief From Forfeiture (Commercial Tenancy): Difference between revisions
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==1497777 Ontario Inc. v. Leon's Furniture Ltd, 2003 CanLII 50106 (ON CA)<ref name="Leon's"/>== | ==1497777 Ontario Inc. v. Leon's Furniture Ltd, 2003 CanLII 50106 (ON CA)<ref name="Leon's"/>== | ||
[50] Finally, with respect to what may be considered to be the legal framework relating to this issue, I note that it has been held that an option to renew a lease, when exercised, results in a fresh demise relating to a new term: see <b><i>Avlor Investments Ltd. v. J.K. Children's Wear Inc. (1991), 1991 CanLII 7124 (ON SC), 6 O.R. (3d) 225, 85 D.L.R. (4th) 239 (Gen. Div.)</b></i><ref name="Avlor"/>, at p. 231 O.R. <b><u>"Where a lease contains an option to renew the lease the exercise of the option will ordinarily involve the creation of a new lease, . . ."</b></u>: [page220] Halsbury's Laws of England, 4th ed (London: Butterworths, 1981), vol. 27(1), para. 467, at p. 435. This supports the view that "the term" in the consent was the initial 30-year term in the lease and that the renewal terms would be new terms. | |||
[50] Finally, with respect to what may be considered to be the legal framework relating to this issue, I note that it has been held that an option to renew a lease, when exercised, results in a fresh demise relating to a new term: see <b><i>Avlor Investments Ltd. v. J.K. Children's Wear Inc. (1991), 1991 CanLII 7124 (ON SC), 6 O.R. (3d) 225, 85 D.L.R. (4th) 239 (Gen. Div.)</b></i><ref name="Avlor"/>, at p. 231 O.R. "Where a lease contains an option to renew the lease the exercise of the option will ordinarily involve the creation of a new lease, . . .": [page220] Halsbury's Laws of England, 4th ed (London: Butterworths, 1981), vol. 27(1), para. 467, at p. 435. This supports the view that "the term" in the consent was the initial 30-year term in the lease and that the renewal terms would be new terms. | |||
<ref name="Leon's">1497777 Ontario Inc. v. Leon's Furniture Ltd, 2003 CanLII 50106 (ON CA), <http://canlii.ca/t/1gmfr>, retrieved on 2020-06-25</ref> | <ref name="Leon's">1497777 Ontario Inc. v. Leon's Furniture Ltd, 2003 CanLII 50106 (ON CA), <http://canlii.ca/t/1gmfr>, retrieved on 2020-06-25</ref> | ||
Revision as of 01:11, 26 June 2020
1497777 Ontario Inc. v. Leon's Furniture Ltd, 2003 CanLII 50106 (ON CA)[1]
[50] Finally, with respect to what may be considered to be the legal framework relating to this issue, I note that it has been held that an option to renew a lease, when exercised, results in a fresh demise relating to a new term: see Avlor Investments Ltd. v. J.K. Children's Wear Inc. (1991), 1991 CanLII 7124 (ON SC), 6 O.R. (3d) 225, 85 D.L.R. (4th) 239 (Gen. Div.)[2], at p. 231 O.R. "Where a lease contains an option to renew the lease the exercise of the option will ordinarily involve the creation of a new lease, . . .": [page220] Halsbury's Laws of England, 4th ed (London: Butterworths, 1981), vol. 27(1), para. 467, at p. 435. This supports the view that "the term" in the consent was the initial 30-year term in the lease and that the renewal terms would be new terms.
References
- ↑ 1.0 1.1 1497777 Ontario Inc. v. Leon's Furniture Ltd, 2003 CanLII 50106 (ON CA), <http://canlii.ca/t/1gmfr>, retrieved on 2020-06-25
- ↑ 2.0 2.1 Avlor Investments Ltd. v. J.K. Children's Wear Inc., 1991 CanLII 7124 (ON SC), <http://canlii.ca/t/g1fxf>, retrieved on 2020-06-25
