Is clause 32 of a Lease enforceable?
Manitoba, Canada
The following excerpt is from Berscheid v. Government of Manitoba, 2019 MBQB 79 (CanLII):
The plaintiff argued that clause 32 had not been brought to his attention at the time of signing the Lease. He argued that the clause, therefore, should not be enforceable. However, there is no obligation on a party to a contract to draw specific provisions to the attention of the other party, unless there is reason to believe that the party was not consenting or agreeing to that provision. See Niedermeyer v. Charlton, 2014 BCCA 165, 374 D.L.R. (4th) 79 at paras. 29–32.
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