RISK & REMEDIES · CRITICAL REVIEW PRIORITY
Default, cure periods and remedies
Defines monetary and non-monetary defaults, notice and cure, repeated breaches, re-entry, termination, acceleration, distress, self-help and damage recovery.
This is not model language.
The actual meaning depends on the complete lease, amendments, facts and governing law. Use the prompts below to extract and brief the issue; do not paste this page into a lease as a substitute for drafting and legal review.
Questions to answer before the legal call
- Which defaults have no notice or cure period?
- Can a non-monetary breach be cured while diligently pursuing work?
- Which costs, acceleration or consequential damages can be claimed?
What to capture from the document
Monetary default
Record notice, grace, interest, administration and repeat-default rules.
Non-monetary default
Capture cure period, diligent-cure extension and emergency exceptions.
Remedies
Record termination, re-entry, distress, acceleration, self-help, mitigation and damages.
Patterns that deserve a closer read
- Immediate default for an immaterial or unverified breach
- Cross-default to unrelated agreements
- Remedy language reviewed without the governing provincial statute and insolvency law
A focused instruction for legal review
Prepare a jurisdiction-specific default matrix covering triggers, notice, cure, recurring breach, remedies, mitigation, relief, waivers, insolvency and guarantor exposure.
Jurisdiction and statutory context
These sources support limited context only. They do not decide how the actual lease operates.
Ontario — Commercial Tenancies Act ↗Official consolidated Ontario statute. Application and remedies must be reviewed against the current lease and facts.British Columbia — Commercial Tenancy Act ↗Official British Columbia commercial-tenancy statute, illustrating that provincial statutory frameworks differ.Québec — Civil Code, lease provisions ↗Official Civil Code of Québec. General lease provisions begin at article 1851; civil-law analysis is distinct from common-law provinces.Canada — Bankruptcy and Insolvency Act, section 65.2 ↗Federal rules addressing disclaimer or resiliation of a commercial lease in a proposal proceeding.Canada — Companies’ Creditors Arrangement Act, section 32 ↗Federal restructuring provisions addressing disclaimer or resiliation of agreements and the statutory exceptions.