Can a landlord who has breached a lease agreement with a tenant sue the landlord for breach of the lease agreement for damages?
Ontario, Canada
The following excerpt is from 1723718 Ontario Corp. v. MacLeod, 2010 ONSC 6665 (CanLII):
In this passage, the court drew a distinction between leases, governed by the law of property, and contracts, governed by the law of contract. While a substantial breach of a covenant in a contract could excuse further performance, breach of a covenant in a lease was considered incidental to the conveyance, and afforded the aggrieved party no such remedy. The case referred to as an example of this approach is the very case relied upon by the landlord in the case at bar: Johnston v. Givens.
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