ArticleAt The Very Lease…What To Know Before You Sign A Commercial LeaseLeasing space, whether a storefront or an office, is a sign of business legitimacy, sustainability, and growth.CanadaReal Estate and ConstructionCox & Palmer
ArticleBankrupt Tenants And Landlords' Rights To Draw Upon A Letter Of Credit Obtained As SecurityWhen a commercial tenant goes bankrupt, the respective rights of landlords and trustees can be complex to sort out. Yet, as illustrated by recent Ontario Superior Court decision 7636156 CanadaCanadaReal Estate and ConstructionBorden Ladner Gervais LLP
ArticleBC Court Of Appeal Tackles The "Thorny Issue" Of Chattels vs. Fixtures: Tenants Beware!In a recent decision from the BC Court of Appeal, the court once again had to struggle with the often difficult issue of what is a "chattel" and what becomes a "fixture" during the course of a commercial tenancy. CanadaReal Estate and ConstructionLawson Lundell LLP
ArticleBC Housing Outlines Details For Temporary Rental Supplement ProgramBC Housing has released details regarding eligibility and has launched the application process of the recently created BC Temporary Rental Supplement ProgramCanadaReal Estate and ConstructionLawson Lundell LLP
ArticleChanges To The Residential Tenancy Act Regarding ‘Renovictions' And Land AssembliesTenants now have more time to find alternate housing if their landlord ends a tenancy in order to demolish, renovate, or convert a unit and requires the unit to be vacant.CanadaReal Estate and ConstructionLawson Lundell LLP
ArticleClear As Mud: Analyzing Voluntary Property Control Removals So FarThe Competition Bureau recently announced that Empire (the parent company of IGA, Sobeys, etc.), agreed to remove an exclusive/restrictive covenant in favour of the IGA...CanadaReal Estate and ConstructionMcMillan LLP
ArticleCommercial Tenancy And Quiet Enjoyment: The Court Of Appeal Weighs InLast year I blogged about a Nanaimo commercial tenant who defeated her landlord’s claim for unpaid rent on the grounds the lease had been fundamentally breached.CanadaReal Estate and ConstructionLawson Lundell LLP
ArticleCourt Of Appeal Applies Force Majeure Clause To COVID-19 Business ClosureThe Ontario Court of Appeal has ruled that a force majeure clause can be triggered without requiring fault or breach by the affected party. In a dispute between a fitness club operator and its landlord over COVID-19 closures, the court confirmed that government restrictions preventing in-person operations constituted a force majeure event, extending the lease term without additional rent obligations. CanadaReal Estate and ConstructionAffleck Greene McMurtry LLP
ArticleCourt Of Appeal Finds Pleading Of Extra-Contractual Guarantee Waives PrivilegeCommunications between lawyer and client are generally privileged. CanadaReal Estate and ConstructionSingleton Urquhart Reynolds Vogel LLP
ArticleCurrent Office Space TrendsThe space in which a business operates can say a lot about its culture and values. Over the years, trends have shifted with businesses transforming their working environments from multiple private officesCanadaReal Estate and ConstructionGowling WLG
ArticleDealing with Vacation Homes in the United States: Goodbye to Single-Purpose CorporationsEffective January 1, 2005, the Canada Revenue Agency (the "CRA") has reversed its long-standing administrative policy on single-purpose corporations typically used by Canadian residents who own residential real estate or vacation properties in the United States. Consequently, many issues arise from an estate planning perspective for Canadian residents who already own or who plan to purchase personal-use residential property in the US.CanadaReal Estate and ConstructionMcMillan LLP
ArticleDebt Enforcement And Jointly-Owned Property – Lessons From A Recent DecisionThe Ontario Court of Appeal recently clarified this, concluding that creditors are only allowed to claim against the debtor's divisible interest in the property. CanadaReal Estate and ConstructionDickinson Wright PLLC
ArticleDisasters And Property Leases - Don't Get Hit TwiceHurricane Sandy wreaked havoc in New York and New Jersey recently, and attracted worldwide attention.CanadaReal Estate and ConstructionField Law
ArticleDo I Have To Reserve The Last Day Of A Lease For A Sublease? ONCA Says Maybe NotIn V Hazelton Limited v. Perfect Smile Dental Inc., 2019 ONCA 423 (the Decision), the Ontario Court of Appeal (the Court) considered the longstanding common law requirement that a sublessor reserveCanadaReal Estate and ConstructionBorden Ladner Gervais LLP
ArticleDuty Calls: BCCA Considers Duty Of Care Owed By Structural Consultants To Building OwnersThe British Columbia Court of Appeal (BCCA) recently held that structural consultants have a prima facie duty of care to the owner of a building to ensure that the building...CanadaReal Estate and ConstructionBennett Jones LLP
ArticleEstoppel Certificates - Do They Work?As a general matter, estoppel certificates, sometimes referred to as status statements or acknowledgments, essentially set forth and confirm the veracity of a lease and identify its key terms. Rooted in the principle of promissory estoppel, estoppel certificates are intended to "estop" a party who signs the certificate from thereafter asserting a fact inconsistent with what is set out in the certificate. CanadaReal Estate and ConstructionBlake, Cassels & Graydon LLP
ArticleExtension Of The Canada Emergency Rent Subsidy And Related MoratoriumThe Canada Emergency Commercial Rent Assistance ("CECRA") program expired on January 31, 2021, and the moratorium on eviction and distress rights of landlords against commercial tenants under the program along with it.CanadaReal Estate and ConstructionFogler, Rubinoff LLP
ArticleHave You Received A Monetary Order From The Residential Tenancy Branch ("RTB") And Wondered How To Collect It?Congratulations on your favourable RTB decision! Unfortunately, the RTB cannot help you collect on the Monetary Order you just received. Instead, the Residential Tenancy Act allows an order...CanadaReal Estate and ConstructionAlexander Holburn Beaudin + Lang LLP
ArticleIndustrial Property In Alberta: Considerations For Purchase And LeaseThe industrial real estate sectors in Calgary and specifically, Rocky View County, and Edmonton, have experienced a consistent demand for both purchase and lease transactions over the past several years.CanadaReal Estate and ConstructionBennett Jones LLP
ArticleKey Changes To The Residential Tenancies Act And The New Tax Regimes Under Ontario's Fair Housing PlanOn April 24, 2017, the Ontario government introduced new legislation, the Rental Fairness Act, 2017 which includes a number of proposed amendments to the Residential Tenancies Act, 2006 (the "RTA"). CanadaReal Estate and ConstructionAird & Berlis LLP