15 Mar 2012
NIAGARA SAWMILLING COMPANY LIMITED V CARTER HOLT HARVEY LIMITED HC INV CIV 2010-425-000147
- Citation
- openlaw-f14b4567_ba47_4dfc_a134_e7e49dd48a3e.pdf
- Court
- High Court
The 2003 September agreement varied the March 2003 lease but the 10% cap applied only to the additional areas; the 29 August 2006 statement that the lease was otherwise on the same terms was partially incorrect but honestly held and lacked intent to induce so not actionable under the Contractual Remedies Act; objectively it was not reasonable for the plaintiff to rely on that statement alone under the Fair Trading Act because the plaintiff bore responsibility to check earlier agreements and the effective cause of loss was the plaintiff's assumption; the rent review clause is not internally re…