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ARTICLE · 19 DECEMBER 2013

Summary: Europe Cosmétiques Inc. v. Locations Le Carrefour Laval Inc.

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Appellant Europe Cosmétiques Inc. and Respondent Location Le Carrefour Laval Inc., owner of a mall, signed a Letter of Intent for the rental of a two-story commercial building.

CanadaReal Estate and Construction

Facts

Appellant Europe Cosmétiques Inc. and Respondent Location Le Carrefour Laval Inc., owner of a mall, signed a Letter of Intent for the rental of a two-story commercial building. Under the Letter of Intent, Appellant agreed to partake in the construction of a medical spa that would be considered as an extension of the mall. 

Through its real estate broker, Appellant waived the financing condition stipulated in the Letter of Intent. After the completion of the works, the parties negotiated a Lease Agreement, the signature of which was delayed by the fact that Appellant had not yet received its financing. After a substantial waiting time, Respondent brought an action against Appellant for damages and breach of the Letter of Intent. A year later, Respondent managed to rent one of the two floors of the building to a new tenant.

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