Intending to make a decision, but they needed more

information, to which they're entitled.

Ron: I've got an expert on commercial lease transactions

who'll testify that Jones had sufficient information to make

A decision.

Sam: That sounds good. But you still need to reinforce the

Idea that the withholding was somehow intentional or

Deliberate.

Ron: Yes, I'm working on that now. I'm collecting evidence that

suggests the relationship between the men wasn't a good

One.

Sam: Good. Keep me posted, Ron- and let me know if I can

Help at all.

Ron: Thanks, will do!

Listening 2

Ron: In determining whether a landlord has unreasonably

Refused to consent to an assignment, the court should

consider only those factors that relate to the landlord's

Interest in preserving the value of the property, and the court

Must evaluate whether a reasonably prudent person in the

landlord's position would have also refused to consent.

Arbitrary considerations of personal taste, convenience or

Sensibility are not proper criteria for withholding consent

Under such a lease provision.

The court must determine the credibility of witnesses and

The weight to be given to evidence and draw all justifiable

Inferences of fact from the evidence.

Here, when my client informed the defendant that he had a

prospective buyer for his business, the defendant's lawyer

Requested that he provide personal and financial information

On the buyer, as well as a business plan and evidence of the

buyer's experience in operating a restaurant. The

defendant's lawyer also provided my client with a commercial

Lease application for the buyer to complete. My client gave

The defendant the completed application and information on

The buyer and promptly responded to each of the

defendant's requests for information.

As acknowledged by the defendant's lawyer, the proposed

buyer had a 'perfect credit rating'. If the credit rating was

'perfect', then on what grounds did the defendant withhold

approval? Surely not on reasonable grounds. My client's

Expert on commercial lease transactions, whom the court

Must find persuasive, testified that my client provided enough

Information for the defendant to make a decision. If the

Amount of information provided was sufficient, then on what

grounds did the defendant delay making a decision? Surely

Not on reasonable grounds. Furthermore, there was evidence

that the defendant's delay in approving the assignment was

E Audio transcripts

not related to the buyer's qualifications, but was predicated

On a dispute with my client involving a prior lawsuit between

The parties. This evidence - a letter in which the defendant

threatens to 'ruin' my client - makes it clear on which

grounds the defendant withheld approval: on unreasonable

Grounds. The defendant lost the lawsuit and was required to

Payhigh damagesto my client - this is the explanationfor its

Unreasonable withholding of approval.

Based on the evidence presented, the court must conclude

That sufficient evidence supports a determination that the

Date: 2015-12-11; view: 784