Leases

APPEAL WATCH: Old Leases, Same Law? ONCA Reaffirms “No Duty to Mitigate” in Aphria

In June 2025, the Supreme Court of Canada granted leave to appeal the Court of Appeal for Ontario’s decision in Canada Life Assurance Company v. Aphria Inc,. The Court's decision reaffirms that when a commercial landlord does not accept a tenant's repudiation of a lease and insists the lease remain in full effect, the landlord has no duty to mitigate the resulting damages. This decision adheres to the binding authority of Highway Properties Ltd v Kelly, Douglas and Co Ltd., where the SCC outlined four actions a landlord can take in response to a tenant's fundamental breach.

The Limits of Exculpatory Clauses in the Commercial Leasing Context: To What Extent Can Misrepresentations be Contracted Around?

The Ontario Court of Appeal’s decision in DLG & Associates Ltd. v Minto Properties, 2015 ONCA 705 [DLG], raises important issues around the limits of "exculpatory" and "entire agreement" clauses in leasing agreements: namely, how far they can be relied upon by a landlord who knowingly withholds key information from a tenant on the state […]