COMMERCIAL TENANCIES - Lease - Landlord’s obligations - Common areas

Law360 Canada (January 31, 2023, 6:38 AM EST) -- Application by the Tenant seeking declaratory relief in respect of a commercial lease agreement between it and the Landlord. The Landlord had brought its own application for declaratory relief on issues identical to those raised in the Tenant's application. The Tenant brought this application for an interpretation of a term used in a commercial lease agreement between the parties. The specific issue in dispute was the meaning relating to square footage only, of the term Rentable Area of the Premises. The parties agreed that the applicable determination was to be a binary one: Rentable Area of the Premises meant either 2,035 square feet or 2,314 square feet. The Tenant’s position was that Rentable Area of the Premises could not be anything other than 2,035 square feet based on Space Database’s measurement and certification of the Tenant’s specific unit. The Landlord’s position was that the square footage for the Rentable Area of the Premises was 2,314 square feet in accordance with Space Database’s measurement and certification of the Tenant’s specific unit and its share of the common areas....
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