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Inside Internal Controls

News and discussion on implementing risk management

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waiver and release agreements

What happens when a commercial tenant does not follow the proper procedures to renew a lease?

A recent case from the Ontario Court of Appeal sets out an interesting chain of events. In the case of North Elgin Centre Inc v McDonald’s Restaurants of Canada Limited, 2018 ONCA 71, the tenant (“McDonald’s”) had entered into a 20-year lease with North Elgin Centre Inc. (the “Landlord”) and had spent time and money on building their restaurant.

 

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Saskatchewan court upholds electronic waiver as enforceable

The decision in Quilichini v Wilson provides affirmation to business owners (especially those in the recreational industry) that a well–drafted electronic waiver and release that is properly presented in an understandable format will likely be held to be enforceable.

 

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