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  • Article

    Québec Superior Court Interprets Exclusivity Clause In Shopping Mall Lease Narrowly Against Franchisor

    In the recent decision of Second Cup Ltd. c. 8702934 Canada inc. (Café Vasanti), 2018 QCCS 2064
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    If We Separate, Will I Get My Down Payment On The House Back?

    Let's assume you and your spouse, whether common-law or married, own your home as joint tenants and you each paid an equal amount towards the down payment.
    CanadaFamily and Matrimonial
    Siskinds LLP
    Siskinds LLP
Article

Cannabis: Imminent Arrival Of The 90-Day Deadline For Modifying A Residential Lease

The legislation on recreational cannabis, which has been in force since October 17, 2018, has left no one indifferent ...
CanadaFood, Drugs, Healthcare, Life Sciences
Langlois Avocats
Langlois Avocats
  • Article

    Legalized Cannabis: What's A Landlord Going To Do?

    On October 17, 2018, Canada will legalize the possession and the consumption of small amounts of cannabis for personal use. What does this mean for landlords? Eighty-five percent of landlords...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gowling WLG
    Gowling WLG
  • Article

    The Cannabis Act And Residential Tenancies

    In April, the federal government introduced Bill C-45 (the "Cannabis Act"), which provides for the legalization of recreational marijuana in June 2018.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Trustee Cannot Disclaim Bankrupt Landlord's Lease

    In Aventura, His Honour noted that the Purchaser opted to play "hard ball" and sought to manipulate the powers of the Trustee to its financial advantage.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Trustee Cannot Disclaim Bankrupt Landlord's Lease

    The Tenant brought a motion under section 37 of the BIA to reverse the Trustee's decision to disclaim the Lease, which motion was allowed.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Saskatchewan Court Of Appeal Confirms Proof Of A Material Change In Risk Requires Strong Evidentiary Foundation

    Wynward Insurance Group v Smith Building and Development Ltd, 2023 SKCA 57 highlights significant considerations for insurers who are considering denying claims on the basis of an insured's...
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    New Support For Commercial Tenants: Canada Emergency Rent Subsidy Replaces CECRA Program

    On November 19, 2020, Bill C-9 (An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)) was enacted into law. Bill C-9 establishes, among ...
    CanadaReal Estate and Construction
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Alberta Introduces Commercial Evictions Moratorium Legislation - August 2020

    The Commercial Tenancies Protection Act received Royal Assent July 23, 2020 and took effect retroactively on March 17, 2020.
    CanadaReal Estate and Construction
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Asbestos In The Workplace – The Landlord’s Or The Tenant’s Problem?

    A draft regulation to impose on Québec employers a duty to take additional measures with respect to the potential presence of asbestos in facilities where their employees work was published in the "Gazette officielle du Québec" of December 27, 2012.
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Ask...But You May Not Receive

    CanadaReal Estate and Construction
    Goodmans LLP
    Goodmans LLP
  • Article

    Beware Of Force Majeure Clauses: A Summary Of The Ontario Court Of Appeal's Decision In Niagara Falls Shopping Centre Inc. v. LAF Canada Company

    On March 8, 2023, the Ontario Court of Appeal ("ONCA") released a concerning decision in the case of Niagara Falls Shopping Centre Inc. v. LAF Canada Company, 2023 ONCA 159...
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Bill 229 – Further Protections For Commercial Tenancies

    Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 (the Act), an omnibus budget bill, was introduced by the Ontario government on November 5, 2020.
    CanadaReal Estate and Construction
    Cassels
    Cassels
  • Article

    Bill 96 And Its Impact On Immovable Property Registrations

    On May 13, 2021, the Quebec Government tabled An Act respecting French, the official and common language of Québec ("Bill 96") in Quebec's National Assembly. The purpose of Bill 96
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
  • Article

    British Columbia Introduces Plan For Repayment Framework For Unpaid Rent

    On July 16, 2020, the Province of British Columbia (the "Province") introduced a repayment framework (the "Repayment Framework") for residential landlords to recover unpaid rent and utilities...
    CanadaReal Estate and Construction
    Fasken
    Fasken
  • Article

    Broken Beyond Repair: Court Declines To Grant Relief From Forfeiture Due To Tenant's Poor Conduct

    When a landlord in British Columbia terminates a lease for non-payment of rent, the tenant can seek relief from forfeiture.
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Calculating Damages For False Estoppel

    The Quebec Court of Appeal has recently partially overturned a lower court ruling that awarded damages for a false estoppel signed by a tenant based on application...
    CanadaReal Estate and Construction
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Canada Keeps The CERS Cash Rolling, But Slows The Flow With The Program's End In Sight

    As part of the 2021 budget, the federal government has made some noteworthy changes to the Canada Emergency Rent Subsidy ("CERS")...
    CanadaReal Estate and Construction
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Change In The Occupiers' Liability Act: Claims To Recover Damages From Incidents Related To Snow Or Ice Require 60-day Written Notice

    The year 2020 brought many changes. This blog post discusses another change from 2020 that came to stay: the Ontario Occupiers' Liability Act ("OLA") ...
    CanadaReal Estate and Construction
    Siskinds LLP
    Siskinds LLP
  • Showing 621–640 of 1925 results

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