COMMERCIAL TENANCIES - Lease - Renewal - Shopping centre - Landlord’s obligations - Repair - Replacement - Rent

Law360 Canada ( July 22, 2026, 9:52 AM EDT) -- Appeal by Hillmond Investments Ltd. (Landlord) from a trial judgment in favour of Metro Ontario Real Estate Limited and Metro Ontario Inc. (Tenant) arising from a long-term commercial lease dispute. Motion by Landlord to amend its notice of appeal to argue that the exercise of a renewal option constituted an amendment to the lease. The Tenant claimed overpayment of additional rent during renewal periods, reimbursement for replacing the roof, and overpayment of common area maintenance (CAM) charges. The trial judge found in favour of the Tenant on all claims, awarding damages and costs. The Landlord appealed, arguing errors in lease interpretation regarding additional rent, responsibility for roof replacement, and the finding that its claim for unpaid CAM charges (2009-2011) was statute‑barred under the Real Property Limitations Act (RPLA). The Landlord submitted that the limitation period did not start to run until it delivered the invoices to the Tenant in 2013. The Landlord contended that the trial judge should have applied the two-year limitation period in the Limitations Act. The issues were whether the trial judge erred in interpreting the lease provisions, in allocating responsibility for roof replacement, and in finding that certain CAM claims were statute‑barred, as well as whether the proposed amendment to the appeal should be permitted....
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