Damages: Highway Properties v. Kelly, Douglas & Co. — Recent Developments

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Damages: Highway Properties v. Kelly, Douglas & Co. — Recent Developments

Damages: Highway Properties v. Kelly, Douglas & Co. — Recent Developments

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July 22, 2009

Highway Properties has been applied in numerous cases during the three-and-a-half decades since it was decided, and in many of those cases landlords were successful in obtaining the fourth remedy.

There are several issues that arise from Highway Properties that were not resolved (or at least not fully resolved) in the case. One of them is when the notice applicable to the new fourth remedy should be given. Another is whether the innocent party has a “duty” to mitigate its damages.

This article was published in Shopping Centre Leases, 2nd ed. (Aurora: Canada Law Book, 2008) by Harvey M. Haber, ed.

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