ArticleOntario Government Extends Eviction MoratoriumThe Ontario government has extended existing protections from commercial tenancy evictions.CanadaReal Estate and ConstructionFasken
ArticleRelief From Forfeiture Of A Commercial Lease: How Much Is Too Much?The main issue was the scope of relief a court may grant under section 20 of the Commercial Tenancies Act...CanadaReal Estate and ConstructionPallett Valo LLP
ArticleRent-to-own Agreement: Best Practices And Key ConsiderationsRent-to-own agreements have become an increasingly popular option for individuals seeking to transition from renting to homeownership. CanadaReal Estate and ConstructionCox & Palmer
ArticleRepudiation By Denied Access: ONCA Confirms Loss Of Essential Common Area Access May Be Repudiatory Breach Of LeaseThe Ontario Court of Appeal has established a critical precedent limiting landlords' discretion over common areas in commercial leases. When a landlord's actions interfere with essential infrastructure that tenants depend...CanadaReal Estate and ConstructionBennett Jones LLP
ArticleRipped From The Headlines: MLSE Unpaid Tax Dispute Revives The Question – What Is The Difference Between A Lease And A License?The latest story making the rounds in the Toronto news has been a report that Maple Leafs Sports and Entertainment ("MLSE"), the parent company of the Toronto Maple Leafs...CanadaReal Estate and ConstructionWeirFoulds LLP
ArticleSeverance At The Date Of Death: Will Accepted As Evidence To Sever Joint Tenancy Between SpousesIn the recent decision of Marley v. Salga, 2019 ONSC 3527, the Ontario Superior Court of Justice considered whether a will-maker and his second wife had severed ...CanadaReal Estate and ConstructionAlexander Holburn Beaudin + Lang LLP
ArticleSignificant Proposed Changes To Ontario's Construction Lien ActThe Ontario government recently released legislation that, when passed, will mean major changes to the Construction Lien Act and the construction industry in Ontario. CanadaReal Estate and ConstructionGoodmans LLP
ArticleStrata Property Act Amendment Offers Remedy For Deadlocks On Special LeviesOn December 12, 2013, amendments to section 173 of B.C.’s Strata Property Act, SBC 1998, c 43, came into force that allow strata corporations with majority support to apply to the BC Supreme Court to require strata owners to pay for certain repairs.CanadaReal Estate and ConstructionMcCarthy Tétrault
ArticleSummary Judgment And The Right To Set-Off Under The Construction Lien ActIt is not uncommon for a general contractor to carry the same trades from project to project. CanadaReal Estate and ConstructionMcMillan LLP
ArticleSummer 2021 Newsletter - Recent Developments In Property Leasing Part 1When the government ordered the closure of all non-essential businesses, tenants quickly turned to their leases to see if the pandemic would qualify as force majeure and discharge them from their ...CanadaReal Estate and ConstructionMinden Gross LLP
ArticleTainted Contracts: Applying The Defence Of Illegality To Complex Fraudulent SchemesIt was a condition of sale that the vendors would lease back the properties for three years for a percentage of the purchase price.CanadaReal Estate and ConstructionNorton Rose Fulbright Canada LLP
ArticleTenant-Caused Property Damage In Ontario: How Landlords Can Claim CompensationDiscovering that your rental property has been damaged by a tenant can be a frustrating and costly experience. Landlords often wonder what their rights are and how they can legally recover the costs of repairs.CanadaReal Estate and ConstructionUnified LLP
ArticleTenant Refuses To Leave? A Landlord's Guide To The Eviction Process In OntarioDealing with a tenant who refuses to leave your property can be a stressful and frustrating experience. As a landlord, you have responsibilities to your tenant, but you also have rights that protect your property and financial interestsCanadaReal Estate and ConstructionUnified LLP
ArticleTenants Obligation To Withold Tax For Non-Resident LandlordA Tax Court of Canada (the "TCC") decision entitled 3792391 Canada Inc. v. The King (hereafter "391") creates concern for tenants...CanadaReal Estate and ConstructionWatson Goepel LLP
ArticleThe Ontario College Land Disposition Process And Limitations When Encumbering Real Property2025 has marked a significant financial strain on Ontario colleges due to a combination of factors, such as federally imposed restrictions on international student intakes, frozen domestic tuition and rising costsCanadaReal Estate and ConstructionBorden Ladner Gervais LLP
ArticleThe Oppression RemedyA complaint that we often hear from condominium owners is that they feel they are being treated unfairly by the Board. Conversely, many owners or the condominium corporation may feel that the conduct of a single individual is so intolerable that it is oppressive to the community as a whole. CanadaReal Estate and ConstructionHeenan Blaikie LLP
ArticleTop 5 Condominium Authority Tribunal Decisions Of 2023As we head into 2024, it is a fitting time to look back. In our first post of 2024, we provided case summaries of the top five condominium cases from the Small Claims Court and Superior Court of Justice.CanadaReal Estate and ConstructionMiller Thomson
ArticleTop Line Toppled – A Welcome Development For Landlords And TenantsSection 73 of the Land Title Act (British Columbia) provides, in effect, that unless an approving officer approves, a person may not lease an unsubdivided piece of a legal parcel of land for a term of more than three years (leases of portions of a building are exempt). CanadaReal Estate and ConstructionMcCarthy Tétrault
ArticleWhat Are We Currently Seeing In The Commercial Real Estate Space?For the most part, we are still in the "wait and see" stage as to what longer-term impacts or changes may result from this pandemic. CanadaReal Estate and ConstructionTorys