Highway Properties - Look Both Ways Before Crossing

Authors

  • Gordon Sustrik

DOI:

https://doi.org/10.29173/alr1696

Abstract

This article discusses the impact and effect that the Supreme Court of Canada decision in the Highway Properties case has had on leases and landlord-and-tenant law. The remedies that a landlord has available for breach of a lease are examined as well as the doctrine of surrender by operation of law and the duty to mitigate. The author questions the classification of a lease as a contract versus a conveyance of an estate in land.

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