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  • Article

    Preliminary Details About The Canada Emergency Rent Subsidy (CERS)

    On October 9, 2020, the Government of Canada announced plans to introduce legislation to create a new form of rent and mortgage support under a program entitled the Canada Emergency Rent Subsidy
    CanadaFinance and Banking
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Unpaid Balance And Taking Property In Payment

    CanadaInsolvency/Bankruptcy/Re-Structuring
    Pinsonnault Torralbo Hudon
    Pinsonnault Torralbo Hudon
  • Article

    Ontario Court Of Appeal Upholds New Judgment High For FLA Claim

In Moore et al. v. 7595611 Canada Corp (Moore), the Ontario Court of Appeal (the Court) upheld a jury award significantly higher than what was considered to be the "cap,"
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
  • Article

    The Importance To Tenants Of Non-Disturbance Agreements From Prior-Ranking Mortgagees

    In response, the tenant commenced an application for relief from forfeiture.
    CanadaLitigation, Mediation & Arbitration
    Daoust Vukovich LLP
    Daoust Vukovich LLP
  • Article

    A Fixture Or A Chattel: The $4.2 Million Question

    Commercial leases generally have detailed clauses dealing with the question of when a piece of equipment in a premises becomes a fixture or remains a chattel.
    CanadaReal Estate and Construction
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Another Day, Another Dollar: Steep Financial Consequences For Landlords Failing To Follow Through On Their Move Into A Rental Property

    In British Columbia, most residential landlord and tenant matters are governed by the Residential Tenancy Act, S.B.C. 2002, c. 78 (the "RTA").
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    April 30 Update: Rent Relief On Its Way For Small Businesses And Commercial Landlords

    Building upon its announcement that it was rolling out relief measures for small businesses and commercial property owners with mortgages, the federal government has provided further details on its plan to offer financial assistance ...
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    B.C. Court Clarifies Law On Appointment Of A Receiver Over Real Estate Assets

    On January 11, 2024, the British Columbia Supreme Court released its reasons in Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership...
    CanadaReal Estate and Construction
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Bill 48 And The Land And Property Rights Tribunal

    In a prior post, we reported on Bill 48, the Red Tape Reduction Implementation Act, 2020. As the name suggests, Bill 48 is part of the provincial government's agenda to reduce "red tape"...
    CanadaReal Estate and Construction
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Canada Emergency Rent Subsidy Holiday Update

    As enacted on November 19, 2020 by Bill C-9 (An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)), the Canada Emergency Rent Subsidy ("CERS")...
    CanadaReal Estate and Construction
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    CCAA Court Decides Tenant Still "using" Leased Premises Despite COVID-19 Lockdowns

    After a series of court cases in Quebec relating to the payment of rent in light of government-imposed restrictions resulting from the COVID-19 pandemic.
    CanadaReal Estate and Construction
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    CCAA Debtor Must Pay Post-Filing Rent For The "Use" Of Leased Premises

    Since the beginning of the COVID-19 pandemic, insolvent companies have sought court intervention relating to the payment of rent during lockdown periods.
    CanadaReal Estate and Construction
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Charging Management Fees Or Administration Fees To Tenants Under A Net Or Carefree Lease

    In most commercial leases the gross rent payable by a tenant to a landlord has a number of components including the basic rent, a share of realty taxes and a share of operating costs.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Clarifying The "Trilogy" And The Covenant To Insure: Royal Host GP Inc. v. 1842259 Ontario Ltd.

    In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal reversed the motion judge's decision, clarified what is known as the "Trilogy" and allowed a landlord...
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
  • Article

    Commercial Lease Not Renewed In Time; Landlord's Silence As To Deadline Not Bad Faith

    In Subway Franchise Restaurants of Canada Ltd. v. BMO Life Assurance Company, 2021 ONCA 349 (CanLII), the Court of Appeal for Ontario upheld a decision that rejected Subway's attempts to have...
    CanadaReal Estate and Construction
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Commercial Tenant Relief Provided: The Protecting Small Business Act, 2020

    On April 16, 2020, Prime Minister Justin Trudeau introduced the Canada Emergency Commercial Rent Assistance (CECRA) program to deliver more than $900 million in urgent relief to small businesses and their landlords.
    CanadaReal Estate and Construction
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Conducting Leasing Due Diligence? Watch for These Nine Lease Provisions

    A purchaser of income-earning commercial real property must take steps to confirm the integrity and enforceability of the property's leases.
    CanadaReal Estate and Construction
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Confirming Value Through Proper Lease Due Diligence

    The value of income-producing properties, such as office towers and shopping centres, can often be distilled down to the income derived from the property's existing leases.
    CanadaReal Estate and Construction
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Construction Lien Dilemma: Landlord Liability In Tenant-Driven Renovations

    A contractor may register a construction lien on a property to obtain payment for their unpaid services or materials. While registering liens is generally straightforward, complexities arise...
    CanadaReal Estate and Construction
    Field Law
    Field Law
  • Article

    Court Of Appeal Rules That Purchase Option Mechanics Must Be Followed

    The Court of Appeal's decision emphasizes the importance of strict adherence to contractual terms when exercising purchase options
    CanadaReal Estate and Construction
    Wildeboer Dellelce LLP
    Wildeboer Dellelce LLP
  • Showing 521–540 of 1925 results

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