Legal Blog

Lease Damages

Posted on January 18, 2018 | Posted in Civil Litigation, Five Liners

1714959 Ontario Inc v. Goldenshtein 2017 Ont SCJ

Guarantor of the corporate tenant under a lease that had been terminated by the landlord was held to be liable for all damages that the landlord had incurred. The judge noted that once the premises had been re-let, mitigation had taken place and must be accounted for in any damages calculation. The judge assessed damages including arrears, pre-mitigation rental loss, rental shortfall, and the present value of the rental loss from the date of trial to the end of the lease term.

 

Jonathan Speigel

 

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.

 

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