A Pivotal Development in Canadian Commercial Leasing
- ClearView Insider
- Jul 31, 2025
- 1 min read
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 premises to minimize losses following tenant repudiation.
BLG. “Will the Supreme Court of Canada impose a duty to mitigate on commercial landlords?” Published July 2025. https://www.blg.com/en/insights/2025/07/will-the-supreme-court-of-canada-impose-a-duty-to-mitigate-on-commercial-landlords