Court Of Appeal Clarifies Interpretative Approach To Covenants To Insure In Commercial Leases
Overview
The Court of Appeal released the first appellate decision in recent history where a landlord’s covenant to insure was found to not bar a claim against a tenant for loss from fire allegedly caused by the tenant’s negligence. Jonathan Lisus and Andrew Winton, acting on behalf of the appellant landlord, successfully argued that the trilogy of Supreme Court decisions from the 1970s which, for decades, has been relied upon to bar such claims, did not enunciate freestanding principles and does not change the fundamental rules of contractual interpretation. The Court applied those rules to interpret the lease at issue and agreed with the appellant that the parties created a contract where ordinary principles of negligence continued to apply, notwithstanding the landlord’s covenant to insure against damage caused by fire. The Court’s decision can be found here: http://canlii.ca/t/hs39p.
People
-
Clients rely on Jonathan to handle their most difficult problems. He “has our utmost trust on critical matters” (Chambers Canada 2023). “Jonathan Lisus is in a class of his own”, “He is one of the bes…
-
A highly persuasive advocate, Andrew provides practical and strategic guidance to help clients achieve the best possible results.
Expertise
News & Insights
-
Chambers Canada 2027
LOLG is proud to be recognized for its leading position in business litigation, with the firm maintaining its Band 1 ranking in Litigation: General Commercial: The Elite (Ontario) in the Chambers Cana…
-
Canadian Lawyer’s Top Litigation Boutique Firms in Canada 2026-2027
We have once again been recognized as one of Canadian Lawyer’s Top Litigation Boutique Firms in Canada.
-
Lexpert Special Edition: Restructuring and Insolvency 2026
Matthew Gottlieb has once again been recognized as one of Canada’s leading lawyers in the Lexpert Special Edition: Restructuring and Insolvency 2026.