While commercial leases will vary from agreement to agreement,
all leases will contain provisions that aim to protect the rights
of the landlord and the tenant. The level of protection provided to
each party depends on what is specifically negotiated for in the
lease, in addition to the rights that are available at law. With
respect to the rights of a tenant that can be found in a commercial
lease, there are a number of ways in which they can be described
and categorized. Naturally, there are the tenant's common law
rights, which are those that have arisen as a result of judicial
precedent. There are fundamental rights, which come from the common
law and are categorized as rights that are fundamental in order for
a tenant to achieve the entire benefit of the contract. Finally,
there are special rights, which are specifically negotiated for in
order to provide the tenant with a benefit it would otherwise not
be entitled to. The following group of cases address how
