Can You Put Lipstick On A Pig And Call It Rent?

Until recently, there has been some confusion over the limitation period in respect of rent. This is largely due to the fact that there are two references to the term "rent" in the Real Property Limitations Act (with one section referring to a ten-year limitation period¹ and the other section referring to a six year limitation period²), which governs claims for rent. This differs from the Limitations Act which governs damages claims (and has a limitation period of two years).

In Pickering Square Inc. v. Trillium College Inc.³, the Court was called upon to determine the effect of a provision in a lease which deemed all payments under that lease as "rent" (and, by implication, therefore subject to either a six or ten year limitation period in accordance with the Real Property Limitations Act). In particular, the Landlord's claim was for liquidated damages, as was permitted under the lease, for each day on which the tenant did not carry on business at the leased