The rule in Foss v. Harbottle is well established in Ontario law. The rule prevents shareholders from suing for a loss in the value of their shares brought about by a wrong done to the corporation. The rule is a consequence of the separate legal personality of the corporation. Just as shareholders (subject to limited […]
Tag Archives: commercial lease
Real Estate Litigation: Continuous Use Clauses in Commercial Leases
The Ontario Court of Appeal (ONCA) recently reviewed a “continuous use” clause in a commercial lease in a dispute in which a landlord was suing a retail tenant after the tenant ceased retail operations prior to the lease coming to an end. What Happened? The defendant was a well-known retailer and a long-standing commercial tenant of […]