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canadianlawyermag.com/inhouse february 2015
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GO TO CANADIANLAWYERMAG.COM TO
WATCH A WEIRFOULDS LLP LAWYER TALK
ABOUT THIS QUIZ.
1
a lease provides that the landlord is responsible for shovelling and removing all snow from
a shopping centre. Does the landlord have to perform this obligation in good faith?
(a) yes
(B) no
(c) it depends
2
Outside of a strictly leasing context, in situations where a contract is not yet in place,
are there instances where parties are required to negotiate a contract in good faith?
(a) yes
(B) no
(c) it depends
3
in negotiating a lease, is a landlord required to tell a prospective tenant whether it has
received any offers for the premises and provide details of those offers? For example, is a
landlord required to mention that it has received no offers in the last six months and that
the last one it did receive offered rent of $10 per square foot while the landlord was asking
$30 per square foot?
(a) yes
(B) no
(c) Maybe
4
The Supreme court of canada's recent decision in Sattva Capital Corp. v. Creston Moly Corp.,
means it will be easier to appeal a trial judge's interpretation of a contract.
(a) True
(B) False
Q U I Z aaron kempf, associate, and karsten lee, partner, Weirfoulds llP
An obligation to
negotiate a lease
in good faith?
Effective negotiation is an integral
part of coming to terms on all types
of agreements. Depending on the
negotiating power of the parties, it
typically involves some give and take
from both sides to reach an agreement
that is mutually acceptable and
enforceable. However, in conducting
negotiations, what are the obligations
of each party? There are some key
differences and some recent case law
that is important to be aware of. This
quiz will test your knowledge.
