Josh operated a restaurant in Welland. Josh rented the premises from Stefon. The Lease for the restaurant premises included a provision that the Tenant would complete all maintenance and repairs to the building and allowed the Landlord to complete periodic inspections. If an inspection revealed that any repairs were required the Tenant was required to correct any deficiencies within 60 days. The initial 5 year term of the Lease expired on September 30. The Lease included an option for the Tenant to renew the Lease for an additional 5 year term provided that notice exercising the option to renew was given to the Landlord by May 31. On April 1, Stefon completed n inspection and provided a list of deficiencies to Josh together with a notice that all deficiencies were to be corrected within 60 days. On April 10, Stefon advised Josh that he was listing the property for sale. Josh indicated that he was interested in purchasing the property and asked if the time for completing the repairs could be extended since he might make more extensive renovations if he owned the property. Stefon agreed and said that he would allow Josh to match any offer he received. On June 1, Stefon told Josh that he had received and accepted an offer to sell the property for $3,000,000.00 and that the Buyer required vacant possession. He also delivered notice to Josh terminating the Lease since Josh had breached the Lease by not completing the repairs within 60 days. Josh said that: (i) he would commence and complete the repairs within 60 days; (ii) he was exercising his right to renew the Lease; (iii) he would match the offer to purchase for $3,000,000.00. Stefon said it was too late and that Josh did not have a legal right to do any of those things, nor did Stefon have any further legal obligations to Josh. Josh comes to you for advice. Required: Explain in detail the applicable legal principles and provide an analysis of how they apply to the facts of this case and the positions taken by the parties. What is the likely result of any legal action?

Question 2

Emily was recently accredited as a lawyer and started employment on June 1 with Maloney & Maloney, a firm of lawyers in Niagara Falls. 2 Emily was to work exclusively with the firm's tax law department. Emily moved to Niagara Falls and enrolled in the CPA tax program which runs for a period of 3 years at a cost of $10,000.00. Emily's contract of employment stated that for a period of 2 years after the termination of her employment for any reason, "the employee will not engage in the professional practice of tax law either alone or in association with or as an employee of any person or firm within the Regional Municipality of Niagara and further, during such time, will not accept work from any existing client of the firm." On October 15, the partners of Maloney & Maloney advised Emily that the lawyers who practiced tax law were leaving the firm and they were terminating her employment effective immediately since the firm would no longer be practicing tax law. They provided a cheque for 6 weeks pay as provided in the employment agreement. On November 1, Emily received a call from Siona, one of the tax lawyers she had worked with at Maloney & Maloney, offering her a job in St. Catharines at the new location that the departing lawyers had selected. She contacted the managing partner at Maloney & Maloney to provide her new address and was told that her employment contract prevented her from accepting the position in St. Catharines and that Maloney & Maloney would sue her to obtain an injunction to restrain her from breaking the contract and accepting employment with the new firm. Emily sensed that there was some animosity between Maloney & Maloney and the departing lawyers. Emily comes to you for advice and asks: (i) whether the employment contract is enforceable; (ii) is she entitled to reimbursement for the $10,000.00 she has paid for the course if she can't practice tax law; (iii) whether it makes a difference that she was 17 years, 11 months old when she signed the employment agreement. Required: Identify the legal issues and discuss the legal principles that apply to this case and the likely outcome if Emily accepted the new employment offer and Maloney & Maloney sued. Is there any additional information that would be relevant to your assessment?