Legal Blog

Promissory Estoppel

2059008 Ontario Ltd. V. CM Weicker 2022 Ont SCJ

Lease referred to premises being 1,689 sq ft. Tenant paid rent on this basis for over 9 years. In the 10th year of a 10-year lease, landlord appointed a new property manager, who measured the premises at 1,953 sq ft, and landlord demanded an additional $152,000 in rent – although it was willing to forego those arrears if tenant renewed the term of the lease on very different terms from the original. Although the lease gave authority for a re-measurement, the judge held that landlord, on the facts of this case (which we will not list), was estopped (prevented) from demanding the arrears.

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