Tradedge Inc. (Shoeless Joe's) v. Tri-Novo Group Inc.
The application judge's factual finding that the landlord's sole purpose was to secure higher rent was open on the evidence and, applying the law, the withholding of consent was unreasonable; accordingly the appeal was dismissed.
- Citation
- 2009 ONCA 855
- Parties
- Applicant (respondent in Appeal): Tradedge Inc. (carrying on business as Shoeless Joe's); Respondent (appellant): Tri-Novo Group Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 2 December 2009
- Procedural Posture
- Civil / Appeal to Court of Appeal From Superior Court Decision
- Outcome
- Appeal dismissed.
- Legal Topics
- Assignment of Lease, Consent to Assignment, Unreasonable Withholding of Consent, Rent Increase as Collateral Purpose
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Tradedge Inc. (carrying on business as Shoeless Joe's)
Applicant (respondent in Appeal)
Tri-Novo Group Inc.
Respondent (appellant)
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court Decision
Legal Issues
- 1 Did the landlord unreasonably withhold consent to the assignment to extract higher rent?
- 2 Whether a demand for increased rent constitutes a collateral purpose making withholding consent unreasonable
Ratio Decidendi
The application judge's factual finding that the landlord's sole purpose was to secure higher rent was open on the evidence and, applying the law, the withholding of consent was unreasonable; accordingly the appeal was dismissed.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- Costs before Graham J. fixed at $10,000 to Tradedge Inc.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment