North Elgin Centre Inc. v. McDonald's Restaurants of Canada Limited, 2018 ONCA 71

JudgePepall, Hourigan and Brown JJ.A.
CourtCourt of Appeal (Ontario)
Case DateJanuary 29, 2018
JurisdictionOntario
Citations2018 ONCA 71
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7 practice notes
  • Ontario Court Of Appeal Summaries (January 29 – February 2)
    • Canada
    • Mondaq Canada
    • February 5, 2018
    ...to the Divisional Court with leave. The appeal was therefore quashed. North Elgin Centre Inc. v. McDonald's Restaurants of Canada Limited, 2018 ONCA 71 [Pepall, Hourigan and Brown Ronald G Slaght, Andrew Parley and Margaret Robbins, for the appellant Martin P Zarnett, for the respondent Key......
  • Go Ha & Associates Ltd. v. 611414 B.C. Ltd., 2018 BCSC 2118
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 30, 2018
    ...[50] The Ontario Court of Appeal recently affirmed this principle in North Elgin Centre Inc. v. McDonald’s Restaurants of Canada Limited, 2018 ONCA 71: 8 The principle of waiver provides that if one party leads another party to believe that its strict legal rights under a contract will not ......
  • 1521141 Ontario Limited v. Upper Oakville Shopping Centre Limited, 2018 ONSC 2808
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 15, 2018
    ...[77] The Court of Appeal recently considered the law of waiver in North Elgin Centre Inc. v. MacDonald’s Restaurants of Canada Limited., 2018 ONCA 71. In that decision, the court summarized the essential elements of waiver to a) If one party leaves another party to believe that its legal ri......
  • Property Leasing – Recent Developments Of Importance, Part 2 - Fall 2019
    • Canada
    • Mondaq Canada
    • March 9, 2020
    ...fairness issues. The Court of Appeal dismissed the appeal. The North Elgin Centre Inc. v. McDonald's Restaurants of Canada Ltd., 2018 ONCA 71, decision provides additional clarity with regard to situations where a landlord who has waived its right to strict compliance wishes to reinforce th......
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5 cases
  • Go Ha & Associates Ltd. v. 611414 B.C. Ltd., 2018 BCSC 2118
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 30, 2018
    ...[50] The Ontario Court of Appeal recently affirmed this principle in North Elgin Centre Inc. v. McDonald’s Restaurants of Canada Limited, 2018 ONCA 71: 8 The principle of waiver provides that if one party leads another party to believe that its strict legal rights under a contract will not ......
  • 1521141 Ontario Limited v. Upper Oakville Shopping Centre Limited, 2018 ONSC 2808
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 15, 2018
    ...[77] The Court of Appeal recently considered the law of waiver in North Elgin Centre Inc. v. MacDonald’s Restaurants of Canada Limited., 2018 ONCA 71. In that decision, the court summarized the essential elements of waiver to a) If one party leaves another party to believe that its legal ri......
  • Estate of Rector v. Estate of Guest,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • October 24, 2022
    ...amount of caselaw dealing with these issues.  In the case of North Elgin Center Inc. v. McDonald’s Restaurants of Canada Ltd, 2018 ONCA 71 the Ontario Court of Appeal addressed the essential elements of contractual waiver in these terms, at para. (a)   If one party lea......
  • Kwandibens v. Whitesand First Nation, 2018 ONSC 2318
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 12, 2018
    ...relies upon the decision of the Ontario Court of Appeal in North Elgin Centre Inc. v. McDonald's Restaurants of Canada Limited, 2018 ONCA 71.  That case stands for the proposition that the principle of waiver provides that if one party leads another party to believe that its stric......
  • Request a trial to view additional results
2 firm's commentaries
  • Ontario Court Of Appeal Summaries (January 29 – February 2)
    • Canada
    • Mondaq Canada
    • February 5, 2018
    ...to the Divisional Court with leave. The appeal was therefore quashed. North Elgin Centre Inc. v. McDonald's Restaurants of Canada Limited, 2018 ONCA 71 [Pepall, Hourigan and Brown Ronald G Slaght, Andrew Parley and Margaret Robbins, for the appellant Martin P Zarnett, for the respondent Key......
  • Property Leasing – Recent Developments Of Importance, Part 2 - Fall 2019
    • Canada
    • Mondaq Canada
    • March 9, 2020
    ...fairness issues. The Court of Appeal dismissed the appeal. The North Elgin Centre Inc. v. McDonald's Restaurants of Canada Ltd., 2018 ONCA 71, decision provides additional clarity with regard to situations where a landlord who has waived its right to strict compliance wishes to reinforce th......

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