A great decision by Faieta J. in today’s ORs: http://canlii.ca/t/j2lr7
After entering into an agreement to lease that permitted use of the premises as a pharmacy and family medical clinic, the landlord cannot impose onerous terms on methadone dispensing by the pharmacy tenant in its “standard form lease.”
(They can’t do it even if condo units in the building go for $600K to $1.46 million and their residents “will very likely expect neighbours, tenants and their respective invitees to be of similar socioeconomic backgrounds”—actual language from a schedule to the “standard form lease” added after the landlord realized the pharmacy would dispense methadone.)
The decision upholds the sanctity of commercial contracts and rejects buyer’s remorse where the repudiating party has not done its due diligence.
Kudos to Monica Peters for successfully representing the pharmacy.