Disputes Involving the Lessor. 16.1.1 Any dispute arising from or under this Lease involving the Lessor that is not resolved by negotiation will be resolved by referral, in the first instance, to the Federal Court of Canada or any replacement or successor court having jurisdiction.
Disputes Involving the Lessor. A dispute arising under this Lease involving the Lessor that is not resolved by negotiation will be resolved by referral, in the first instance, to the Federal Court or any replacement or successor court having jurisdiction. If the Federal Court refuses jurisdiction or does not determine the dispute, then a Party to the dispute may refer it to any other court that has 176 When a lease is silent on where rent is to be paid, the common law holds that it is the tenant’s obligation “to seek out the landlord” for payment. If rent is stipulated to be paid at a specific location, then the common law presumption holds that it is paid when it is posted, not when it is received, leaving the landlord usually bearing the burden of it being lost along the way. This clause rebuts that presumption so that rent will not be considered paid until actually received. jurisdiction and the Parties may exercise any other right or remedy that they have under this Lease or otherwise.177
