| ICSC Legal Database - Cases | Monday, February 22, 1999 05:06 PM |
| Citation: |
| ARC Sports Ltd. Delia Catering, Inc. [1997] O.J. No. 4664 (Ont. C.A.). |
| Issue: |
| A tenant had breached the use clause in its lease and the landlord had terminated the lease on the basis of that |
| breach. The Divisional Court granted relief on the basis that the landlord had waived the tenant's breach by |
| continuing to accept rent. The Court of Appeal disagreed that there had been any waiver, stating that "any |
| payment or acceptance of rent subsequent to the service of the notice, in the circumstances, did not constitute |
| a waiver by the landlord." |
| Classification 1: |
| Landlord and Tenant |
| 01597 - Legal Update - Summer 1998 |
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