Jul 31, 2025
A Pivotal Development in Canadian Commercial Leasing
In Canada Life Assurance Company v. Aphria Inc. , the Supreme Court of Canada has granted leave to appeal a decision about whether commercial landlords should be obligated to mitigate damages after a tenant repudiates a lease and vacates the premises—but the landlord refuses to accept that repudiation. If the Supreme Court recognizes a duty to mitigate for commercial landlords, this would redefine landlords’ obligations—potentially requiring them to actively re‑let premise