In the end, the Court was satisfied that the Court`s acceptance of the defendant`s interpretation of the “no late” in Section 8 of the compensation agreement would not constitute a strict concept of the statute of limitations if the legal assistance agreement on behalf of the defendant was involved from the outset in the negotiations on the lease and the compensation agreement. On the contrary, “it would be an overhaul of a clear and unequivocal provision in accordance with the treaty, which would compromise or render meaningless other provisions of a clearly constructed debtor-creditor relationship.”3 The Court held that “a result based on extrinsic evidence, prior negotiations and subjective convictions would constitute the creation of a new agreement” contrary to the previous principles of B.C. 4, it is written. You have found the ideal location for your business, you have agreed in terms and conditions, and if you receive the proposed lease, you will see a “compensation” clause. The word “compensation” has not been mentioned and you have no idea what it means. On the other hand, for a lessor who receives compensation, it is a matter of obtaining as broad compensation as possible in the context of the situation. However, it is worth considering the following: Mr. Watts`s story may have had a happier ending if some or all of the changes that had been made to the compensation agreement.by David N. had been made. Ross1 Tsain-Ko Village Shopping Centre Limited Partnership v Watts, 2013 BCSC 85.2 Vancouver City Savings Credit Union v Vancouver Mechanical Contractors USA Inc,2008 BCSC 404 at Para 20, affd 2010 BCCA 397, leave the 2010 SCC 410 call. 3 Supra, Note 1 to 44.4 Ibid.a Warning The fact that you are running offers only an overview and does not constitute legal advice. Readers are cautioned not to make decisions based solely on this material.
© McMillan LLP 2014 The distinction between rent compensation contracts and lease guarantee contracts was established in Canadian General Insurance Co./Dube Ready-Mix Ltd. where the court found that in order for landlords to best protect their rights under a commercial lease, it is likely that a sufficient guarantee from the tenant in the form of a lease agreement is the most secure choice. When negotiating a tenancy agreement, a landlord may require the tenant to provide a guarantee for the performance of the tenant`s obligations in the tenancy agreement.