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ICSC Legal Database - CasesMonday, February 22, 1999 05:07 PM

Case Index:
01691

Citation:
1043545 Ontario Inc. v. 2748355 Canada Inc. [1998] O.J. No. 2781 (Ont. Ct. Gen. Div.)

Issue:
The court rejected a tenant's application for rectification of a lease. It did not accept that the tenant did not

appreciate that the option to renew incorporated by reference the previous lease. Rather, the court believed that

the tenant accepted the incorporation by reference of that previous lease, "sight unseen." Further, since the

tenant breached its obligations to pay rent on the first day of every month, and to maintain insurance, the court

held that the tenant was not legally entitled to exercise the option to renew.

Facts:

Holding:

Publication:
Legal Update

Date:
Winter 1998

Classification 1:
Options/First Refusals

Classification 2:

Classification 3:

01691 - Legal Update - Winter 1998