| ICSC Legal Database - Cases | Monday, February 22, 1999 05:06 PM |
| Citation: |
| 1173253 Ontario Ltd. v. Ordanis, 1997 O.J. No. 5133 (Ont. Crt. of Justice). |
| Issue: |
| A landlord sought to repudiate a lease on the basis that he would not have entered into the lease had he known |
| that the premises would be used for the sale of adult lingerie, novelties and pre-recorded video tapes in a |
| family-oriented plaza. The court found that the landlord would suffer greater harm than the tenant would because |
| this type of business would cause greater harm to an already existing business run by the landlord than to the |
| tenant, whose relative loss of profit was totally untested in this location. The existence of a bowling alley, family |
| restaurant and second storey offices would be adversely affected by the presence of an adult store in the centre. |
| It exercised its equitable jurisdiction in granting relief to the landlord, and the tenant's application for |
| interlocutory relief was denied. Although the tenant had the keys to the premises, the lease for the premises |
| was repudiated by the landlord as soon after entering into the relationship as possible. In any event, the tenant |
| had two weeks in which to act prior to taking what would be de facto possession of the premises, but did not do |
| 01603 - Legal Update - Summer 1998 |
|
