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On June 18, 2020, the Ontario Superior Court of Justice (the "Court") released an endorsement in Cerberus Business Financial, LLC v. B & W Heat Treating Canada, ULC,...

When it comes to issuing fines in a BC strata corporation, not every fine is …well…fine.

Investors interested in acquiring and developing Canadian real estate should focus at an early stage on key development questions. What use can be made of the property? What regulatory permits and approvals are required? How long will the development process take? What costs are inherent in the development process?

Most Canadians are familiar with many of California's notable attributes – from Hollywood, to Silicon Valley, giant redwoods, the former "Governator", Napa Valley wines and Alcatraz.

In an article from January 2015, we cautioned landlords and tenants to pay particular attention to the interplay of insurance and indemnity clauses in a commercial lease...

In an article from January 2015, we cautioned landlords and tenants to pay particular attention to the interplay of insurance and indemnity clauses in a commercial lease as a result of the Superior Court of Justice's...

As a result of legislative changes to Ontario’s property tax assessment system in 1998, the Municipal Property Assessment Corporation is no longer required to prepare separate assessments for individual leased premises in multi-tenanted properties.

The contractual doctrine of "fundamental breach" is both doctrinally complex and highly contextual.

The Canada Mortgage and Housing Corporation ("CMHC") has now released further details surrounding the program on its website.

A party (franchisor) entered into a commercial lease for a ten year period with the option to extend the lease for two terms of five years each.

In 2010, Vancouver and Whistler will host the XXI Olympic Winter Games. That fact, along with British Columbia’s steadily growing tourism industry, is fuelling interest in new, flexible recreational property products. One such product that has been successful in British Columbia recently is the marketing of fractional real estate interests, or "fractionals". This article will explain the concept of fractionals and will analyze some of the issues surrounding the development and financin

Amendments to the Competition Act (the “Act”) came into force in December 2024 and have significantly changed how exclusive use clauses in commercial leases are treated in Canada.

Recent amendments to competition law will prohibit the use of exclusivity clauses in commercial leases in all but specific circumstances.

The Competition Bureau has signaled increased enforcement activity regarding exclusive use clauses in commercial leases following amendments to the Competition Act. This update examines emerging responses from the commercial leasing industry and provides guidance on factors landlords and tenants should consider when negotiating lease restrictions in light of heightened regulatory scrutiny.

We are now in a time of social distancing, self-isolation and quarantines. Depending on how the COVID-19 pandemic progresses, there may be further and more stringent measures.

The emergence and growth of COVID-19 cases across the globe has presented unprecedented challenges for numerous industries around the world, including the commercial leasing industry.

Although not all businesses will need government assistance, every business should be aware of the programs on offer and the expected status of those programs going forward.

Aird & Berlis is pleased to present the September 2018 edition of Doing Business in Canada. This publication was developed to provide a general overview of Canadian federal and Ontario law, and is intended for those planning to start, acquire or invest in a business in Canada.