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  • Article

    Evicting The Vacate Clause: What BC's Changes To Fixed Term Leases Mean To Landlords And Tenants

    On October 26, 2017, the British Columbia government introduced Bill 16, the Tenancy Statutes Amendment Act. Bill 16 aims to address a longstanding complaint from renters...
    CanadaReal Estate and Construction
    EKB | Edwards, Kenny & Bray LLP
    EKB | Edwards, Kenny & Bray LLP
  • Article

    Exercise Caution: Lease Renewal Clauses And Standard Form Leases In Gurudutt

    A recent Ontario Superior Court case will be of interest to commercial landlords and tenants alike.
    CanadaReal Estate and Construction
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Insolvent Commercial Tenants – What Happens Now?

    Recently, a number of retail enterprises have availed themselves of the protection of the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act, Canada's insolvency statutes.
    CanadaReal Estate and Construction
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Landlord Must Keep Tenant Until Death

    A panel of three Divisional Court judges in Ontario has overturned a decision of the Landlord and Tenant Board (LLTB) and ruled that a landlord is prohibited from terminating the tenancy relationship with his tenant until she dies.
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    "Lease Me Out Of It!": What You Need To Know About Leases And The Land Owner Transparency Act

    The introduction of the Land Owner Transparency Act (the "LOTA") caused quite the stir in the legal and real estate industries when it was introduced by the provincial government in November 2020.
    CanadaReal Estate and Construction
    Lindsay Kenney LLP
    Lindsay Kenney LLP
  • Article

    Leasing Bulletin: Active Screening Requirements For Indoor Malls – Landlords Be Aware!

    On February 8, 2021, the Government of Ontario released its framework for the gradual re-opening of the province.
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Leasing In A Slower Market: A Legal Perspective On What Landlords And Renters Should Expect In 2026

    Cooling rents and rising vacancies are reshaping lease negotiations in 2026. This article explores what the slower rental market means for landlords and tenants from a legal perspective.
    CanadaReal Estate and Construction
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    Lien & Mean? Mechanics’ Liens In NL

    No one likes to see a lien on a project – not the owner, not the financier, not even the contractor or supplier who filed the lien.
    CanadaReal Estate and Construction
    Cox & Palmer
    Cox & Palmer
  • Article

    Mind Your Pleadings: Ontario’s Highest Court Warns On Implied Waiver Of Privilege

    In a recent decision in One York Street Inc. v. 2360083 Ontario Limited, 2026 ONCA 176 (“One York Street”) the Court of Appeal for Ontario reinforced an important and often-overlooked principle...
    CanadaReal Estate and Construction
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    More Details Today, April 24, 2020, From Trudeau On CECRA / Commercial Rent Relief Program

    Under the voluntary program, loans will be provided through Canada Mortgage and Housing Corporation (CMHC) to qualifying commercial landlords to cover 50% of rent payments.
    CanadaReal Estate and Construction
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Navigating Farm Leases: Key Considerations For Farmers

    In recent years, the agricultural landscape has seen a significant shift with investors and corporate groups purchasing large blocks of farmland.
    CanadaReal Estate and Construction
    Lerners LLP
    Lerners LLP
  • Article

    New Ministerial Order In B.C. Prevents Commercial Landlords From Terminating Tenancies And Exercising Other Remedies

    On May 29, 2020, the B.C. Minister of Public Safety and Solicitor General issued Ministerial Order No. M179 (the "Order") which has broad sweeping implications for numerous commercial tenancies in the Province
    CanadaReal Estate and Construction
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Ontario Government Announces Changes To Eviction Moratorium

    Bill 229 (Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020) received Royal Assent on December 8, 2020. Bill 229 essentially extended the moratorium originally imposed under...
    CanadaReal Estate and Construction
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Part Two: What To Do When You Receive An Unfavourable RTB Decision

    While part one of my blog post discussed the British Columbia Residential Tenancy Branch's ("RTB") internal review process for its decisions, part two of this post will walk through the Judicial Review process...
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Plan Early For The Sale Of A Dental Practice

    Over the past decade there has been growth in the market for the purchase and sale of dental practices.
    CanadaReal Estate and Construction
    Siskinds LLP
    Siskinds LLP
  • Article

    Poison Ivy: When Licensees Violate Provincial Health Orders

    A recent case from the BC Supreme Court provides guidance for commercial landlords who are concerned about potential violations of BC Provincial Health Orders
    CanadaReal Estate and Construction
    Clark Wilson LLP
    Clark Wilson LLP
  • Article

    Quebec - Movable Hypothec Without Delivery

    CanadaReal Estate and Construction
    Pinsonnault Torralbo Hudon
    Pinsonnault Torralbo Hudon
  • Article

    Questions To Ask Before Taking Possession In A Mortgage Enforcement Setting

    The terms of most mortgages provide that the borrower is permitted to have possession of the mortgaged property prior to default and the lender is entitled to take possession of the mortgaged property after default.
    CanadaReal Estate and Construction
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Re-litigating Rent Renewal Clauses: No Encores Please

    Re-litigating a rent renewal clause in a long-term commercial lease is often unavoidable. After adjudication of the interpretation of a rent renewal clause, circumstances may change before the next renewal.
    CanadaReal Estate and Construction
    Clyde & Co
    Clyde & Co
  • Article

    Real Estate Transactions: Exclusive Use Servitudes Deemed Invalid

    While exclusive use clauses remain common in leases, they can no longer be drafted in the form of servitude agreements in transactions.
    CanadaReal Estate and Construction
    Langlois Avocats
    Langlois Avocats

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