ELORA – A local ice cream shop in the Elora Mews has won the right to remain in business for several more years following a legal battle with its landlord, who attempted to block the renewal of its lease due to several alleged violations, including an unusual claim of a squirrel on the premises.
In a recent ruling posted to CanLii, Justice McGee determined that Remi’s Place, a family-owned ice cream shop and grill that has operated since 2012, was within its rights to extend its lease until August 31, 2027. The court found that the shop had not breached the terms of its lease extension agreement (LEA), as claimed by its landlord.
The dispute began after Kat Florence Canada purchased the Elora Mews in February 2022. The lease governing the property, which includes an extension option to 2027, was at the heart of the legal issue. According to the ruling, the landlord began issuing a series of notices in April 2022, alleging various breaches of the lease terms, many of which were vague or undefined, and culminated in escalating demands for eviction.
The list of alleged infractions included accusations of Remi’s Place failing to stay open year-round, permitting a squirrel to enter the premises, engaging in aggressive confrontations with customers, playing loud music, and disregarding rules regarding patio furniture placement. The landlord’s claims were detailed in multiple letters from their legal team.
However, the court rejected these allegations, with McGee noting that some of the demands made by the landlord were unreasonable. One such instance involved a claim that “one squirrel is too many squirrels” and that the presence of the animal constituted a breach of the lease. McGee highlighted how, in one of the letters from the landlord’s lawyer, the tenant’s counsel accused the landlord of fabricating a case in an attempt to evict the shop for financial gain.
Despite the tension, Remi’s Place made efforts to address some of the concerns. In the fall and winter of 2022 and 2023, the ice cream shop extended its hours to remain open year-round, as requested by the landlord.
In her ruling, McGee concluded that the terms outlined in the LEA were met, affirming that the tenant had complied with rent payments, adhered to the lease’s requirements, and began lease renewal negotiations before the February 29, 2024 deadline. A WhatsApp message from Don Kogen, the spouse of Kat Florence Canada’s president, Kristy Hillis, confirmed the initiation of discussions regarding the lease extension.
The court also dismissed claims regarding the alleged loud music and squirrel incidents, asserting that these issues, even if true, did not constitute violations of the lease. Furthermore, the landlord’s revocation of the tenant’s right to use the communal patio space was deemed invalid.
McGee emphasized that, according to the original lease, any disputes over the renewal terms, such as the rent price, should be settled by arbitration.
With this ruling, Remi’s Place is secure in its location in Elora Mews until at least 2027, allowing the popular ice cream shop to continue serving the local community.
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