In Williams-Sonoma Inc. v. Oxford Properties Group
Inc., Williams-Sonoma was a tenant at Yorkdale Shopping Centre
when the mall was undergoing renovations. The Landlord, Oxford
Properties Group Inc., hired EllisDon Corporation
("EllisDon"), an independent contractor, to perform the
construction work. During the course of their work, a vandal opened
a fi re hose in a vacant area that was being used by EllisDon and,
as a result, the Tenant's premises suffered extensive water
damage of approximately $7 million. Williams-Sonoma sued EllisDon
for breach of common-law and statutory duty owed to the Tenant by
failing to properly secure the area where the fire hose was
located. EllisDon brought a motion for summary judgment arguing
that in the Lease the Tenant had waived its rights to claim against
the contractor. The motion judge granted summary judgment and
dismissed the Tenant's claims, holding that the benefit of the
exculpatory clause in the Lease should extend to
