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  • Article

    At The Very Lease…What To Know Before You Sign A Commercial Lease

    Leasing space, whether a storefront or an office, is a sign of business legitimacy, sustainability, and growth.
    CanadaReal Estate and Construction
    Cox & Palmer
    Cox & Palmer
  • Article

    Bankrupt Tenants And Landlords' Rights To Draw Upon A Letter Of Credit Obtained As Security

    When 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 Canada
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
Article

BC 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 Construction
Lawson Lundell LLP
Lawson Lundell LLP
  • Article

    BC Housing Outlines Details For Temporary Rental Supplement Program

    BC Housing has released details regarding eligibility and has launched the application process of the recently created BC Temporary Rental Supplement Program
    CanadaReal Estate and Construction
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Changes To The Residential Tenancy Act Regarding ‘Renovictions' And Land Assemblies

    Tenants 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 Construction
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Clear As Mud: Analyzing Voluntary Property Control Removals So Far

    The 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 Construction
    McMillan LLP
    McMillan LLP
  • Article

    Commercial Tenancy And Quiet Enjoyment: The Court Of Appeal Weighs In

    Last 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 Construction
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Court Of Appeal Applies Force Majeure Clause To COVID-19 Business Closure

    The 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 Construction
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Court Of Appeal Finds Pleading Of Extra-Contractual Guarantee Waives Privilege

    Communications between lawyer and client are generally privileged.
    CanadaReal Estate and Construction
    Singleton Urquhart Reynolds Vogel LLP
    Singleton Urquhart Reynolds Vogel LLP
  • Article

    Current Office Space Trends

    The 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 offices
    CanadaReal Estate and Construction
    Gowling WLG
    Gowling WLG
  • Article

    Dealing with Vacation Homes in the United States: Goodbye to Single-Purpose Corporations

    Effective 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 Construction
    McMillan LLP
    McMillan LLP
  • Article

    Debt Enforcement And Jointly-Owned Property – Lessons From A Recent Decision

    The 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 Construction
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Disasters And Property Leases - Don't Get Hit Twice

    Hurricane Sandy wreaked havoc in New York and New Jersey recently, and attracted worldwide attention.
    CanadaReal Estate and Construction
    Field Law
    Field Law
  • Article

    Do I Have To Reserve The Last Day Of A Lease For A Sublease? ONCA Says Maybe Not

    In 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 reserve
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Duty Calls: BCCA Considers Duty Of Care Owed By Structural Consultants To Building Owners

    The 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 Construction
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Estoppel 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 Construction
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Extension Of The Canada Emergency Rent Subsidy And Related Moratorium

    The 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 Construction
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Have 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 Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Industrial Property In Alberta: Considerations For Purchase And Lease

    The 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 Construction
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Key Changes To The Residential Tenancies Act And The New Tax Regimes Under Ontario's Fair Housing Plan

    On 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 Construction
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Showing 441–460 of 1923 results

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