What is the test for setting off third party maintenance expenses under a master lease agreement?
Ontario, Canada
The following excerpt is from 941807 Ontario Ltd. v. Lennox Drum Ltd., 2003 CanLII 31888 (ON SCDC):
The trial judge found that while some maintenance was done in furtherance of the yearly certification procedure, the plaintiff fell short of its obligation under the master lease agreement. In the result, the trial judge found that the defendant was entitled to set off the amount summarized in Exhibit 52 representing third party maintenance expenses incurred by the defendant. There is no palpable or overriding error that affected his assessment of the facts relevant to this pivotal issue that would warrant our interference. See Stein v. The Ship “Kathy K”, (1975) 1975 CanLII 146 (SCC), 62 D.L.R. (3d) 1 (S.C.C.) at p. 5.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a court order or an agreement regarding contribution to section 7 expenses in a child support case require a party to contribute to the expenses? (Ontario, Canada)
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)
What is the effect of a mutually beneficial agreement between a party and their common law partner on expenses such as utilities, vacation expenses and mortgage? (Ontario, Canada)
What is the legal test for establishing that a contract for a lease is enforceable by stating that the lease will commence at the date of substantial completion of the leased premises? (Ontario, Canada)
Is it possible for one party to set aside a domestic contract where the other party received independent legal advice? (Ontario, Canada)
Is an entire agreement clause binding a party to whom the agreement was signed? (Ontario, Canada)
What is the effect of the parties’ agreement on the division of net family property pursuant to the terms of the agreement? (Ontario, Canada)
What is the legal test to approve a third party funding agreement? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
What is the difference between owner builders and third parties to a municipality’s duty of care to ensure that all construction is built according to the standards set out in a bylaw? (Ontario, Canada)
