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  • Article

    Landlord Ignored And On The Line: Clients Inclined To Buy Online

    Building owners that lease their property using a turnover rent (or "percentage rent") structure to retailers are facing an important challenge relative to capturing revenue from online sales.
    CanadaReal Estate and Construction
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Landlords Now Liable For Tenants' Criminal Acts

    Ontario's government has introduced a new legislation called "Measures Respecting Premises with Illegal Drug Activity Act, 2025" ("the Act").
    CanadaReal Estate and Construction
    Sorbara Law
    Sorbara Law
  • Article

    Leasing Bulletin: Good News For Landlords

    On October 28, 2020, the Ontario Court of Appeal released its decision in 7636156 Canada Inc. (Re), 2020 ONCA 681 ("OMERS"), on appeal from the decision of the Ontario Superior Court
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Leasing Bulletin: Lessons For Landlords - Avoiding The Doctrine Of Spent Breach

    In most commercial leases, a tenant's option to extend or renew the lease is generally subject to the tenant's satisfaction of a common set of conditions.
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Michael Horowitz And Steven Birken Post "Incorporating Cannabis Into A Permitted Use? Leasing Considerations For Commercial Landlords" On Canada Cannabis Legal

    Minden Gross LLP lawyers Michael Horowitz and Steven Birken provide suggestions on clauses for landlords to include when considering to incorporate cannabis into a tenant's permitted use.
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    New Tenant, More Tax?

    When landlords change the tenants to whom they lease their buildings, they need to consider how the new tenant will use the property.
    CanadaReal Estate and Construction
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    Offer To Lease: Beware Of Upcoming Milestones

    The offer to lease is typically a short document between the landlord and tenant that sets out the key terms and conditions governing their relationship.
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Pie And The Environment

    When leasing commercial property in Ontario, one of the most significant risks faced by both landlords and tenants relates to potential liability for environmental contamination on the property.
    CanadaReal Estate and Construction
    Lerners LLP
    Lerners LLP
  • Article

    Proposed Changes To Anti-Corruption Rules For Federal Government Procurement And Real Estate Leasing

    The recent furor surrounding the federal government with regard to procurement rules has raised awareness of the tough penalties that can apply to companies that run afoul of anti-corruption
    CanadaReal Estate and Construction
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Renewals vs. Extensions Of Lease Terms

    As commercial tenants do not have a default legal entitlement to renew or extend an existing lease, a common element of many leases is a right in favour of the tenant to continue its occupancy beyond the expiry of the current term.
    CanadaReal Estate and Construction
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Rent Relief Is On Its Way For Small Business Tenants

    The federal government, in partnership with the provincial and territorial governments, has established the Canada Emergency Commercial Rent Assistance program (CECRA) for small business owners paying rent.
    CanadaReal Estate and Construction
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    Renting From A Non-Canadian Tax Resident? You May Have Tax Obligations

    What many tenants don't know is there is a specific section of the Income Tax Act indicating that they are responsible to withhold 25% of the rent they pay to non-resident tax residents of Canada.
    CanadaReal Estate and Construction
    Crowe
    Crowe
  • Article

    Short Term Airbnb-Style Rental Proposal To Be Drafted

    As stated in a previous blog post, the city of Toronto proposed a registration and licensing system for short-term rentals in order to open up long-term rentals for Torontonians.
    CanadaReal Estate and Construction
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    The Commercial Landlord's Right To Subrogate

    Royal Host GP Inc. v 1842259, 2018 ONCA 467 is an Ontario Court of Appeal decision regarding the commercial landlord's right to subrogate.
    CanadaReal Estate and Construction
    Parlee McLaws LLP
    Parlee McLaws LLP
  • Article

    The Fate Of The Immovable Hypothec On Rents Following The Transfer Of Property

    The issue addressed in this piece concerns what rights the mortgage creditor may retain on the rents produced by a building, after its mortgagor has disposed of the mortgaged building, without this creditor having...
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
  • Article

    The Importance Of Giving Your Broker Lease Agreements

    Anastase Maragos and Robert Powell share insights on why it's crucial to share your lease agreement with your insurance broker.
    CanadaReal Estate and Construction
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    The Managed Service At The Intersection Of Property Management And Commercial Leasing

    In our last article, What does a managed service look like in the legal world? we described a managed service as the practice of outsourcing to an external legal service provider...
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Tips For Commercial Landlords And Tenants In Navigating The COVID-19 Crisis

    COVID-19, the coronavirus dominating headlines in recent weeks, has become a global pandemic. In the past 72 hours there has been increasing concern as to the extent of the pandemic.
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    To Stay, You Have To Pay: B.C. Supreme Court Again Rules In Favour Of Landlords In Covid-19 Dispute

    Once again the courts have confirmed that commercial tenants must pay their rent, despite arguments about the effect of COVID-19.
    CanadaReal Estate and Construction
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Undivided Co-Ownership And The Right Of Redemption

    Immovables are frequently owned by several co-owners, residential condominiums being one example that naturally comes to mind.
    CanadaReal Estate and Construction
    Lavery
    Lavery

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