Commercial lease not renewed in time; landlord’s silence as to deadline not bad faith
In Subway Franchise Restaurants of Canada Ltd. v. BMO Life Assurance Company, 2021 ONCA 349 (CanLII), the Court of Appeal for Ontario upheld a decision that rejected Subway’s attempts to have the renewal of its commercial lease recognized as valid. At issue was whether Subway renewed its commercial lease within the timeframe required under the lease, namely, at least 9 months and not more than 12 months prior to the expiration of the term. The respondent, BMO, was not the original landlord. At the time it acquired the building – and Subway’s lease – there was an estoppel certificate executed ... [more] Full article
Banks Do Not Owe A General Duty Of Care To A Customer To Prevent “Insider Abuse”
TD bank successfully defended an action brought against it by a customer in a Ponzi scheme case in McDonald and Dickson v. TD Bank, 2021 ONSC 3872. The result came ... [more] Full article
Commercial landlord on the hook for tenant shareholder’s loss in share value: Ontario Appellate Court clarifies limits on traditional rule that shareholders cannot sue for wrongs to the corporation
Shareholders of a corporation do not have a personal cause of action for wrongs committed against the corporation – such is the well-known rule in Foss v Harbottle. However, in ... [more] Full article
Joint E-Hearings Task Force releases Best Practices for Remote Hearings
During the COVID-19 pandemic, courts and tribunals in Ontario and across the country are turning to video conferences to allow litigants to access justice while still obeying social distancing rules. ... [more] Full article
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