Rewriting commercial leasing

In an interview with The Lawyer’s Daily, partner Jeremy Opolsky examines the Ontario Court of Appeal’s decision in Hudson’s Bay Co. ULC v. Oxford Properties Retail Holdings II Inc.

“The decision sheds considerable light on how the courts will approach unforeseen circumstances, particularly macroeconomic events, and the boundaries of relief from forfeiture,” Jeremy said.

Read: Pandemic does not permit courts to rewrite commercial leases: Ontario Court of Appeal

The Lawyer’s Daily reported that judges cannot use relief from forfeiture to rewrite commercial leases to accord with their view of what is “fair,” even in the face of extraordinary events.

“Hudson’s Bay reinforces the reluctance of courts to rewrite commercial leases, especially those between highly sophisticated parties,” Jeremy noted.

You can read more about our Commercial Litigation work on our practice page.

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