ArticleWhat Happens When An Option To Terminate Is Not Exercised In Accordance With Its Terms?An option for the renewal or termination of a lease generally provides for the mechanism that is necessary to exercise the option.CanadaReal Estate and ConstructionLavery
ArticleWho "Wins" When Relief From Forfeiture Is Granted?It is common, after parties duke it out in court, for the winner to be "awarded costs" - the loser must pay all or a portion of the winner's legal fees. CanadaReal Estate and ConstructionDaoust Vukovich LLP
ArticleWhy Landlords Should Think Twice Before TerminatingA recent decision of the British Columbia Court of Appeal is a useful caution for commercial landlords when they are considering whether there is a right to terminate a lease and what the risk might be if the termination is wrongful. CanadaReal Estate and ConstructionDentons Canada LLP
ArticleFrench Social Contributions And Residents Of Third Party StatesSince 2012, social contributions have applied at a rate of 15.5% on French rental income earned as of 1 January 2012.CanadaTaxGowling WLG
ArticleRental Income And Tax Requirements For Non-Canadian ResidentsAre there withholding taxes on my rental income? Yes. Any person remitting rents to a non-resident is required to withhold and remit to the Canada Revenue Agency ("CRA") 25% of the gross rents paid.CanadaTaxCrowe
ArticleToronto Approves Inclusionary Zoning ProgramOn November 9, 2021, City of Toronto Council approved official plan and zoning by-law amendments to implement inclusionary zoning (IZ).CanadaTaxGoodmans LLP
ArticleCOVID-19: Canada Emergency Commercial Rent Assistance For Commercial TenantsThe CECRA provides at least 75% rent forgiveness for small and medium-sized businesses, following hints of an upcoming commercial rent relief throughout the preceding week.CanadaTransportMLT Aikins LLP
ArticleHuman Rights And COVID-19: Important Considerations For OrganizationsThe COVID-19 pandemic has created numerous challenges and significant uncertainty in a number of areas, including human rights law. CanadaCoronavirus (COVID-19)Fasken
ArticleRent Deferment Agreements During COVID-19For many tenants, lease obligations are a significant portion of overall business expenses and the obligation...CanadaCoronavirus (COVID-19)MLT Aikins LLP
ArticleCommentaire sur la décision Station Mont-Tremblant c. Banville-Joncas – La qualification d'un contrat dans le cadre d'un projet d'hôtel de villégiature impliquant un syndicat de location : bail ou contrat de service?Ce commentaire se veut un résumé de la décision de la Cour d'appel concernant la nature d'un contrat de louage entre le promoteur d'un projet d'hôtel de villégiature et les propriétaires d'unités de condominium.CanadaMedia, Telecoms, IT, EntertainmentFasken (French)
ArticleEnding A Tenancy For Demolition Or ConversionIn BC, a landlord can end a tenancy for the purpose of demolishing a rental unit by serving a Four Month Notice to End Tenancy for Demolition or Conversion (Form RTB-29).CanadaReal Estate and ConstructionAlexander Holburn Beaudin + Lang LLP
ArticleGovernment Imposes Standard Lease On Ontario Landlords As Of April 30, 2018As of April 30, 2018, landlords of most residential rental units in Ontario are required to use a standard form lease agreement created by the Ministry of Housing. CanadaReal Estate and ConstructionBorden Ladner Gervais LLP
ArticleMay 22 Update: Rent Relief On Its Way For Small Businesses And Commercial LandlordsBuilding upon its announcement that it was rolling out relief measures for small businesses and commercial property owners with mortgages...CanadaReal Estate and ConstructionMcMillan LLP
ArticleNew BC Cannabis Legislation And Consequential Amendments To The Residential Tenancy ActThe Province of British Columbia has passed the Cannabis Control and Licensing Act (CCLA), which is scheduled to come into effect on October 17, 2018.CanadaReal Estate and ConstructionEKB | Edwards, Kenny & Bray LLP
ArticleThe Long And Short Of It: City Of Vancouver Tackling Short-Term RentalsThe City of Vancouver has started to take steps to address the use of short-term rental services such as Airbnb, Homeaway and VRBO (Vacation Rentals by Owner).CanadaReal Estate and ConstructionMcCarthy Tétrault
PodcastLitigation Fever – Part I: What Lies Ahead? (Podcast)The coronavirus pandemic is pushing the litigation envelope to new and often unexpected heights. CanadaCoronavirus (COVID-19)Blake, Cassels & Graydon LLP
ArticleNova Scotia Eviction Moratorium And Rent DeferralThe real estate industry in Nova Scotia has been greatly affected by COVID-19. Consequently, the Nova Scotia government announced several initiatives intended on supporting Nova Scotia businesses and residents...CanadaCoronavirus (COVID-19)Cox & Palmer
ArticleBritish Columbia Court Finds Proprietary Estoppel In Not-For-Profit Leasing DisputeThe Supreme Court of British Columbia considered a pair of petitions by not-for-profits concerning a dispute over the use of a meeting hall in the decision...CanadaCorporate/Commercial LawCarters Professional Corporation
ArticleLease Considerations In The M&A ContextIn the wake of a series of announcements regarding the closure of the operations of several Canadian retailers, questions are being asked regarding the potential impact on the landlords of the numerous store locations affected.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleRight To Sue Applications: WSIB Proceedings As A ShieldIn a recent decision, the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") held that a grocery store manager was not entitled to sue a third party bakery (the "Bakery")...CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP