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ICSC Legal Database - CasesMonday, February 22, 1999 05:01 PM

Case Index:
00091

Citation:
Alderman Holdings Inc. v. McCutcheon Business Forms Ltd. (1997) O.J. No. 4386, Ont. Crt. (Gen. Div.),

October 23, 1997.

Issue:
The issue in this case was whether roof work constituted a "repair" that could be passed on to the tenant as

additional rent, or whether it constituted a "replacement" or a "capital improvement," which the tenant was not

required to pay for under the lease. The court held that the roof work was a "replacement," not a "repair." It was

a capital improvement and, hence, not caught by the wording of the additional rental clause. Capital

improvement was not contemplated by the parties who entered into the agreement as any subject matter of the

additional rental clause.

Facts:

Holding:

Publication:
Legal Update

Date:
Spring 1998

Classification 1:
Leases

Classification 2:

Classification 3:

00091 - Legal Update - Spring 1998