Reading both the Superior Court and Ontario Court of Appeal’s decisions that ended the hotly disputed question of Additional Rent would be of great value for any leasing agent. Here’s a summary.
Canadian courts are unclear as to whether or not they’ll enforce a Continuous Operation clause. Some judges have and others haven’t. So, don’t leave it up to chance to determine the fate of your client’s livelihood. You might find yourself in a lawsuit.
Since a lawyer may not be readily available, it’s best to arm yourself with knowledge and think like a lawyer. Thinking like a lawyer is easy – be paranoid and always think of the worst-case scenario!