Expert Analysis

Supreme Court of Canada could turn commercial leasing on its head

By Sean Glover, Atosa Asadi, Sandy Jenkins, and G. Elliot Hernandez ( July 8, 2026, 1:34 PM EDT) -- On Feb. 18, 2026, the Supreme Court of Canada heard arguments in Aphria Inc. v. Canada Life Assurance Company, et al. The appeal addresses a long-standing remedy in Canadian commercial leasing law: whether a landlord may refuse to accept a tenant’s repudiation, keep the lease alive and sue for rent as it becomes due without an obligation to mitigate its losses, or whether that rule should be revisited in light of broader developments in contract law....