1212763 ONTARIO LTD. V. BONJOUR CAFÉ
examines whether an assignor's indemnity agreement can be
enforced by a landlord following an assignment of an amendment to
the lease. In this case, the Landlord sought to recover unpaid rent
from prior operators of a coffee shop. The Landlord originally
entered into a lease with the Tenant, Bonjour Café, for a
term of fi ve years from February 1996 to February 2001. The coffee
shop was run by a revolving door of operators as the Lease was
assigned six times between 1996 and 2004. The Lease was fi rst
assigned to 1312215 Ontario Inc. (the "First Assignee")
in 1998. The Landlord consented to the assigned and agreed to
extend the Term to February 2006 (the "First Extension
Term"). Upon each assignment, the Landlord required the
assignor to sign an agreement indemnifying the Tenant's
obligations under the Lease throughout the Term, notwithstanding
any subsequent assignments. The principal of one assignor,
Café Ebenezer, signed a
