Canada Life Assurance Company v. Aphria Inc.
The Canada Life Assurance Company
Law Firm / Organization
Daoust Vukovich LLP
LG Investment Management, Ltd. as trustee for IG Mackenzie Real Property Fund
Law Firm / Organization
Daoust Vukovich LLP
OPTrust Office Inc.
Law Firm / Organization
Daoust Vukovich LLP
Aphria Inc.
Law Firm / Organization
DLA Piper (Canada) LLP
Real Property Association of Canada
Law Firm / Organization
Torys LLP
Better Way Alliance
Law Firm / Organization
Baker McKenzie LLP
  1. 2024 ONCA 882

    • The Ontario Court of Appeal upheld the motion judge’s decision granting Canada Life Assurance Company (Landlord) $638,171.40 plus interest for unpaid rent from Aphria Inc. (Tenant).
    • The court rejected Aphria’s argument that the Landlord had a duty to mitigate damages after the Tenant repudiated the lease. Citing established precedent in Highway Properties, the court affirmed that landlords maintaining a lease after tenant repudiation are not required to mitigate.
    • The court also interpreted the lease to conclude that the two-year rent cap under section 19.03 did not apply because the Landlord had not terminated the lease.
    • The Tenant’s cross-motion to limit damages to two years of rent was dismissed, and the appeal on both grounds was denied.
  2. 2025 ONCA 21

    • Following the dismissal of Aphria’s appeal, the court addressed costs. Aphria was ordered to pay the Landlord $25,000 in legal costs, along with claimed disbursements and applicable HST.

Final Outcome:

  • Canada Life Assurance Company was awarded a total of $638,171.40 plus interest, and $25,000 in costs, along with disbursements and HST. Aphria Inc.’s appeal was fully dismissed.
Court of Appeal for Ontario
COA-23-CV-1379
Real estate
$ 663,171
Plaintiff