What is the test for an enforceable agreement for the purpose of a commercial lease?
Ontario, Canada
The following excerpt is from Amexon Property Management Inc. v. Unique Benefits Group Corp., 2006 CanLII 21316 (ON SC):
The criteria for an enforceable agreement for a lease are set out in Schramek v. C Corp, [1994] O.J. No. 876 (S.C.J.). To be valid, an agreement for lease must show: 1. the parties; 2. a description of the premises; 3. the commencement of the term; 4. the duration of the term; 5. the rent; and 6. all material terms of the contract not being matters incidental to the relation of landlord and tenant, including any covenants or conditions, exceptions or reservations.
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