Hing Yeep Investment Ltd. v. Imasco Retail Inc., (1996) 2 O.T.C. 350 (GD)

JudgeGround, J.
CourtOntario Court of Justice General Division (Canada)
Case DateMay 10, 1996
JurisdictionOntario
Citations(1996), 2 O.T.C. 350 (GD)

Hing Yeep Inv. Ltd. v. Imasco Retail (1996), 2 O.T.C. 350 (GD)

MLB headnote and full text

Hing Yeep Investment Limited (plaintiff) v. Imasco Retail Inc. (defendant)

(93-CQ-39197)

Indexed As: Hing Yeep Investment Ltd. v. Imasco Retail Inc.

Ontario Court of Justice

General Division

Ground, J.

May 10, 1996.

Summary:

Shoppers leased premises in a mall owned by Hing Yeep. Shoppers ceased operations and moved into a larger mall across the road. Hing Yeep was unable to remortgage the mall after Shoppers quit the premises. A receiver for the property was appointed. At issue was, inter alia, whether Shoppers was under an obligation to continue to operate its business during the lease period. The measure of damages payable by Shoppers to Hing Yeep was also in issue.

The Ontario Court (General Division) declined to find an implied covenant to continue to operate the business during the term of the lease. The court held that the rent was properly calculated. The court also held that the damages incurred by Hing Yeep as a result of the inability to refinance were too remote and were not assessable against Shoppers.

Damages - Topic 6283

Contracts - Commercial lease - Breach by lessee - General damages - See paragraphs 13 to 14.

Landlord and Tenant - Topic 2348

The lease - Terms - Covenants - Shopping mall leases - Duty to continue operations - See paragraphs 7 to 9.

Landlord and Tenant - Topic 3865

Rent - Rent payable - Percentage rent - See paragraphs 10 to 12.

Cases Noticed:

Lippman v. Sears Roebuck & Co. (1955), 280 P.2d 775 (Cal. S.C.), refd to. [para. 7].

Dover Shopping Centre Inc. v. Cushman's Sons Inc. (1960), 164 A.2d 785 (N.J. Super. Ct.), refd to. [para. 7].

First American Bank and Trust Co. v. Safeway Stores Inc. (1986), 729 P.2d 938 (Ariz. App.), refd to. [para. 7].

Columbia East Associates v. Bi-Lo Inc. (1989), 386 S.E.2d 259 (S.C. App.), refd to. [para. 7].

Lundrigan Group Ltd. v. Lawton's Drug Stores Ltd. (1985), 55 Nfld. & P.E.I.R. 22; 162 A.P.R. 22 (Nfld. Dist. Ct.), refd to. [para. 7].

Highway Properties Ltd. v. Kelly, Douglas & Co. (1971), 17 D.L.R.(3d) 710 (S.C.C.), refd to. [para. 8].

Counsel:

Douglas Christie, for the plaintiff;

Raymond M. Slattery, for the defendant.

This case was heard on April 22 to 26, 1996, before Ground, J., of the Ontario Court (General Division), who released the following judgment on May 10, 1996.

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1 practice notes
  • Nickel Developments Ltd. v. Canada Safeway Ltd. et al., 2001 MBCA 79
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • May 29, 2001
    ...East Associates v. Bi-Lo Inc. (1989), 386 S.E.2d (S.C. Ct. App.), refd to. [para. 21]. Hing Yeep Investment Ltd. v. Imasco Retail Inc. (1996), 2 O.T.C. 350; 2 R.P.R.(3d) 167 (Gen. Div.), dist. [para. 23]; refd to. [para. Mannai Investment Co. v. Eagle Star Life Assurance Co., [1997] 2 W.L.R......
1 cases
  • Nickel Developments Ltd. v. Canada Safeway Ltd. et al., 2001 MBCA 79
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • May 29, 2001
    ...East Associates v. Bi-Lo Inc. (1989), 386 S.E.2d (S.C. Ct. App.), refd to. [para. 21]. Hing Yeep Investment Ltd. v. Imasco Retail Inc. (1996), 2 O.T.C. 350; 2 R.P.R.(3d) 167 (Gen. Div.), dist. [para. 23]; refd to. [para. Mannai Investment Co. v. Eagle Star Life Assurance Co., [1997] 2 W.L.R......

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