Helpful Commercial Leasing,
Arbitration and Mediation Tips 
  
By: Harvey M. Haber, Q.C., J.D., C. Arb, C.MED
Senior Partner, Goldman Sloan Nash & Haber LLP 
 
 
  
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Good day,

Thank you for your interest in my commercial leasing and arbitration and mediation tips bi-monthly e-newsletter. I hope that you will find these tips helpful.

Please let me know if I can be of assistance to you or a friend of yours for any commercial leasing and arbitration and mediation needs. 
 
Kind regards, Harvey Haber, Q.C.    
May 2015 Tips

 

Termination of Lease for Non-Repair

 

It is not clear how far our courts will be willing to accept an argument that a breach of a covenant to repair by a landlord can amount to a fundamental breach entitling a commercial tenant to treat the lease as terminated.   

 

Which Breach?


Where the interference by a landlord in a tenant's premises is such that it goes beyond mere annoyance to the level of an "invasion of a tenant's peace and comfort", then our courts have held that it constitutes a breach of the covenant for quiet enjoyment.

  

Where, however, the degree of interference is so great that it would cause a reasonable person to vacate, then out courts have held that in such a situation, it constitutes a fundamental breach of the lease.

  

Our courts continue to struggle with the particular fact situation before them in an attempt to categorize the nature of the interference.


Injunction for Breach of Covenant for Quiet Enjoyment

 
A commercial tenant may obtain injunctive relief to restrain a breach of the covenant for quiet enjoyment by a landlord. The plaintiff tenant, however, must meet the usual tests to obtain an interlocutory injunction (serious issue to be tried: irreparable harm which is not compensable in damages and balance of convenience).
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Harvey M. Haber, Q.C.
  
Goldman Sloan Nash & Haber LLP
480 University Avenue, Suite 1600 
Toronto, Ontario, M5G 1V2, Canada
Direct Line: (416) 597-3392
  
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For more than 35 years, Goldman Sloan Nash & Haber (GSNH) LLP has helped leading businesses, entrepreneurs and individuals successfully navigate the maze of corporate & commercial law to help protect and grow their businesses. Our mid-sized law firm is based in downtown Toronto and provides advice across all major practice areas including:
Harvey Haber's Commercial Leasing Books

People frequently ask where they can purchase my books on Commercial Leasing. 

 

If you are interested in my books, please access the Canada Law Book brochures with order forms here.

 

Harvey's New Book

To access the brochure and order form for my new book, The Commercial Lease: A Practical Guide, Fifth Edition, click here.

 

Chartered Mediator and Arbitrator

 

Please don't hesitate to contact me if you are looking for a Mediator or Arbitrator to help resolve your disputes in a proactive and strategic way and to maximize the possibility of a successful negotiated resolution.
  
IMI Certified Mediator

 

I am delighted to inform you that in addition to being a Chartered Mediator and Arbitrator, I have also been appointed as an International Mediation Institute (IMI) Certified Mediator.
 
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Please contact me here.