Can a landlord obtain equitable relief from a tenant where the tenant sub-leased part of the premises without the landlord's consent?

Ontario, Canada


The following excerpt is from 2405416 Ontario Ltd. v 2405490 Ontario Inc., 2016 ONSC 3893 (CanLII):

In ClubLink Corporation v. Pro-Hedge Funds Inc., [2009] O.J. No. 2660, 84 R.P.R. (4th) 274, 2009 CarswellOnt 3719 (Sup.Ct.) Strathy J. (as he then was) considered whether equitable relief should be granted where a tenant sub-leased part of its premises without prior consent. In considering whether to grant relief from forfeiture, Strathy J. noted, among other things, that the breaches were not grave, the forfeiture of the lease would have been out of all proportion to the remaining term of the lease, and, perhaps most importantly, the landlord could not have reasonable withheld consent.

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