This is a January 2012 decision of Mr. Stephen Waqué, who acted as the arbitrator in a matter that concerned the interpretation of a February 1977 lease granted by Cadillac Fairview to the T. Eaton Company, predecessor of Sears Canada Inc., and in particular, Article 14.02(a)(iii) which provides: in the absence of agreement by the Landlord and the Tenant as to the proper proportions under clause (ii) above, then in the proportions determined by arbitration.
Sears sought to recover from CadillacFairview $8.5 million dollars. A majority of the claim concerned Sears’ allegation that over the period of 8 years, from 2000 to 2008, it bore most if not all of a claw back penalty, which it contends should have been born by all tenants to the parcel. The claw back and the capping system which were both brought in … Read More »
Stephen Waqué, a senior partner at Borden Ladner Gervais LLP in Toronto, highlights a recent decision issued by the Court of Appeal in Windsor (City) v. Paciorka Leaseholds Ltd., on June 22, 2012.
Stephen Waqué is a senior partner at Borden Ladner Gervais LLP, and a founding director and past president of the Ontario Expropriation Association. Stephen has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of the New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more information on Stephen Waqué please visit http://www.blg.com/en/home/our-professionals/Pages/Waque-Stephen.aspx