Is a sublease deemed assignment if a tenant has sublet the tenancy but has not reserved the last day of the head lease term for itself?
Ontario, Canada
The following excerpt is from V Hazelton Limited v. Perfect Smile Dental Inc., 2019 ONCA 423 (CanLII):
The application judge then commented that Perfect Smile relied on “ancient common law” for the proposition that where a tenant has sublet the tenancy but has not reserved the last day of the head lease term for itself, the sublease is deemed to be an assignment. He cited, among other cases, Selby v. Robinson (1865), 15 U.C.C.P. 370.
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