On April 9, 2018, the Superior Court of Québec rendered a judgment in favour of a Montreal shopping mall. Pursuant to this judgment, the mall’s commercial tenant was ordered to pay its proportional share of the real estate taxes, as well as other amounts illegally withheld. This matter was presented before the Court because the commercial tenant unilaterally withheld the entirety of the amounts owed as real estate taxes pursuant to its erroneous reinterpretation of the lease.
The judgment in favour of our client highlights that a clear contractual disposition is not subject to interpretation, and that the full amount was thus payable. A substantial part of this amount was already placed at the Court registrar pursuant to various safeguard orders successfully pleaded in favour of the shopping mall.
A Fasken team made up of Frédéric Gilbert and Marc James Tacheji represented the Montreal mall in this matter.
