Share on LinkedInShare on LinkedIn

ARTICLE · 16 MAY 2018

How To Change Your Mind And Get Away With It

McCarthy Tétrault
McCarthy Tétrault
Contributor
McCarthy Tétrault

McCarthy Tétrault

Built on a unique model of collaboration, innovation and efficiency, McCarthy Tétrault delivers...

View firm profile
Explore more from McCarthy Tétrault

In North Elgin Centre Inc. v. McDonald's Restaurants of Canada Limited (2017), 87 R.P.R. (5th) 303 (Ont. SCJ) reversed (2018), 87 R.P.R. (5th) (315) (C.A.) the Court ...

CanadaReal Estate and Construction
The Lay Of The Land
The Lay Of The Land
Abraham Costin
Abraham Costin
Author LinkedIn connections

In North Elgin Centre Inc. v. McDonald's Restaurants of Canada Limited (2017), 87 R.P.R. (5th) 303 (Ont. SCJ) reversed (2018), 87 R.P.R. (5th) (315) (C.A.) the Court was faced with a landlord who, after not insisting on enforcing its rights strictly, decided to do so--unsuccessfully in the unanimous opinion of the Court of Appeal.

McDonald's exercised its right of renewal in a timely way on February 29, 2016 for an initial term which expired on March 10, 2017. However, the renewal provision had an unusual requirement--if the parties hadn't agreed on the rent for the renewal term at least nine months prior to the expiration of the term, McDonald's could either revoke its exercise of the renewal or elect arbitration.  The landlord hadn't even put a proposal for rent on the table when the nine month date occurred.  The parties finally met on August 29, 2016 to discuss the proposal. On August 31, 2016 the landlord sent an email to McDonald's assuming that McDonald's

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Could The Old Ontario Construction Lien Act Still Apply To Your Project? The Court Of Appeal Weighs In

A 2026 Ontario Court of Appeal decision reveals that construction contracts signed years after legislative reforms may still be governed by the old Construction Lien Act if the procurement process began before July 1, 2018. The ruling demonstrates how early project proposals and negotiations can determine which statutory regime applies, regardless of when the final contract was executed or where the project was ultimately built.
CanadaReal Estate and Construction
Miller Thomson
Miller Thomson
Article

Here’s The Drill: Introducing The New CCDC 32 – 2026 Progressive Design-Build Contract

CCDC 32 introduces a progressive design-build framework that allows owners and design-builders to collaboratively develop project scope, budget, and schedule before committing to a final price. Through a two-phase structure with project gates and off-ramp provisions, this standardized contract addresses complex construction projects where requirements cannot be fully defined at the outset. How does this collaborative approach balance flexibility with cost certainty while reshaping traditional roles in const
CanadaReal Estate and Construction
WeirFoulds LLP
WeirFoulds LLP
Article

Gloves Off: Canada Answers U.S. Section 338 Tariffs Dollar-for-Dollar As Washington Escalates With Import Bans

Canada and the United States have entered a new phase of trade conflict, with Canada implementing retaliatory surtaxes on C$27.6 billion of U.S. goods while the United States escalates beyond tariffs to outright import prohibitions on Canadian alcohol, dairy products, and motorcycles. The dispute now extends into government procurement policy, raising questions about compliance strategies and supply chain restructuring as both nations tighten customs enforcement.
CanadaInternational Law
McCarthy Tétrault
McCarthy Tétrault
Article

Federal Government Removes Certain Energy Projects From The Impact Assessment Act Project List

The Canadian government has removed seven types of energy projects from federal impact assessment requirements, shifting review responsibilities to the Canada Energy Regulator and provincial processes. This regulatory change affects pipelines, electrical transmission lines, oil sands facilities, and power plants, fundamentally altering how major energy infrastructure projects will be evaluated and approved across Canada.
CanadaEnvironment
McCarthy Tétrault
McCarthy Tétrault
Article

Canada Commits To Airport Privatization Through Long-Term Concessions For Its Four Largest Airports

The Canadian federal government has announced a firm commitment to privatize operations at the country's four largest airports through long-term concessions, marking a decisive shift from earlier exploratory discussions. Prime Minister Mark Carney revealed that while the government will retain ownership of airport lands and assets following the Australian leased-airport model, private investment will be sought to operate Toronto Pearson, Vancouver, Montreal-Trudeau, and Calgary international airports.
CanadaTransport
McCarthy Tétrault
McCarthy Tétrault
Article

FITAA Is Now In Force: What Organizations Need To Know About Canada's New Foreign Influence Registry

Canada's Foreign Influence Transparency and Accountability Act (FITAA) establishes a comprehensive registration regime for arrangements with foreign principals involving influence activities related to Canadian political or governmental processes. Organizations across sectors—including businesses, NGOs, universities, and industry associations—must assess whether their existing or proposed arrangements trigger registration obligations, with significant administrative and criminal penalties for no
CanadaInternational Law
McCarthy Tétrault
McCarthy Tétrault
Article

Changing Lanes: Canada Proposes To Replace Its ZEV Sales Mandate With Technology-neutral Emission Standards

Canada is proposing to eliminate its federal zero-emission vehicle sales mandate and replace it with technology-neutral greenhouse gas emission standards. The shift comes amid declining EV sales, affordability concerns, and trade uncertainty with the United States, raising questions about how the automotive industry will balance climate goals with market realities. What will this regulatory transformation mean for manufacturers, consumers, and Canada's electrification timeline?
CanadaEnvironment
McCarthy Tétrault
McCarthy Tétrault