The Ontario Superior Court of Justice has reaffirmed that when a commercial tenant fundamentally defaults on its lease, the landlord is entitled to treat the lease as ongoing and sue for rent, as it comes due, without any obligation to mitigate.
In the instant case, the tenant, Pet Valu Canda Inc., ceased paying rent to the landlord. The landlord did not terminate the lease and instead elected to sue for ongoing arrears of rent.
The landlord moved for partial summary judgment on the rent that had already accrued and was undisputedly owing at the date of the motion. . . . [more]