The recent decision in Booster Juice Inc. v. West Edmonton Mall Property Inc., 2019 ABCA 58, has provided further guidance on the factors that courts may consider when granting relief from forfeiture.

Attornment grants authority or jurisdiction to a party even if no legal right exists. It is a legal device that is comparable to an assignment.

On June 19, 2020, the provincial government announced the extension of the temporary rental supplement ("TRS"). The TRS began on April 9, and is now extended to the end of August 2020.

A fire at commercial premises is at the center of a dispute between the insurers of a landlord and tenant in the recently reported decision of Imperio Banquet v. Alternative Access and Mobility. The lease required the tenant to contribute its proportionate share of the landlord's premiums for ‘public liability, fire and other coverages' insurance.

As discussed in our previous blog post, on July 18, 2024, British Columbia made changes to the Residential Tenancy Regulation ("RTR"). Under these new changes, landlords and homebuyers...

Earlier in 2020, the Canada Emergency Commercial Rent Assistance (CECRA) program was introduced by the Government with great fanfare. Unfortunately, due to the design of the program ...

Below is a summary of the Government of Canada's announcement regarding the introduction of the Canada Emergency Rent Subsidy, which will provide rent support to organizations that are...

The fourth and final bulletin in this series on Commercial Leasing & Landlord Remedies highlights another key takeaway from the Highway Properties case – a landlord's duty to mitigate.

On Thursday, June 4, 2020, the NAIOP Commercial Real Estate Development Association held a roundtable where members of the Canadian Mortgage and Housing Corporation (CMHC) and Department of Finance answered questions posed by leaders ...

In the Ontario Superior Court decision 8750297 Canada Inc. v. Ambassador Realty Inc., 2025 ONSC 5479, Justice Doyle granted relief from forfeiture to a commercial tenant who missed his written renewal deadline...

Recent trends in Canadian real estate transactions reveal evolving negotiation practices and shifting approaches...

On April 1, 2020 we wrote about O.Reg. 73/20 which suspended limitation periods imposed by any Ontario law retroactive to March 16, 2020.

Elevated interest rates are affecting businesses in every sector of the economy, but perhaps none more so than real estate.

Expansion and contraction rights can be valuable tools in the commercial leasing context, benefitting both landlords and tenants by balancing tenant adaptability with landlord predictability. However, because these rights reallocate risk, costs and control between the parties, they should be carefully negotiated to reflect business realities and clearly drafted to ensure risks are appropriately addressed.

In Restaurant Canada v. Ville de Montreal, the Honourable Marc St-Pierre, S.C.J. dismissed the arguments from major fast food franchisors contesting a new City of Montreal by-law that restricted ...

While it is customary to blame vehicles for contributing to our carbon footprint, buildings and the construction sector account for close to 40% of global CO2 emissions, compared to just 10% for vehicles.

A right of first refusal, or ROFR, is a common clause in contracts. It's also remarkably powerful: by giving one party exclusive access to a transaction before anybody else...

According to the Toronto Star, the City of Toronto will move to review the rules that require landlords to keep a minimum temperature in city apartments.

In a relatively recent decision, Pita Royale Inc. (Aroma taste of the Middle East) v Buckingham Properties Inc., 2019 ONCA 439, the Ontario Court of Appeal confirmed yet again...

On April 24, 2020, The Canadian Federal Government provided some details about the new Canada Emergency Commercial Rent Assistance program (CECRA) for small businesses and commercial landlords.