Common Contracts
1 similar null contracts
The Canadian Abridgment eDigests -- ContractsDecember 4th, 2017
In 2014, parties negotiated written lease for period of five years, which was executed by old landlord and delivered to store -- Store believed it had communicated acceptance of lease as store left envelope in normal place for pick-up as was ordinary course for pick-up of rental cheques -- Nothing in lease agreement specified how acceptance was to be communicated -- Both parties operated as if lease was in place, although old landlord denied having received lease signed by store -- New landlord advised store of steep rent increase -- Store produced signed lease -- Store brought application to have lease declared valid and effective -- Application granted -- Acts of part performance by store, such as payment of increased amounts of rent and occupation of premises under lease, were unequivocally referable to terms of written lease dealing with property -- Landlord’s silence on acceptance and subsequent acts of reaffirmation mean that landlord was estopped from taking position that accept
