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  • Article

    Landlords Cannot Escape Statutory Duty Via Waiver Clause In Slip And Fall: Ontario Court

    Justice Perell, in the case of Lewis v. 3414493 Canada Inc., 2022 ONSC 2769, considered the effect of a liability exculpatory clause in a residential tenancy agreement in a slip and fall action.
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Legal Considerations For Kiosks, Pop-Ups And Temporary Leases And Licenses

    In recent years, the number of retailers who opt for more non-traditional stores or shops has increased.
    CanadaReal Estate and Construction
    Gowling WLG
    Gowling WLG
  • Article

    Lien Rights – When The Developer Doesn't Have An Interest In The Land

    In an earlier article, we warned of the risk of loss of lien rights if a transfer of land occurs during construction. A 2018 court decision reminds us that there is also a risk of loss ...
    CanadaReal Estate and Construction
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Life Leases In Alberta: Magic, Mystery Or An Interest In Real Property?

    Life leases are typically explained as an arrangement that lies somewhere between renting and owning your residential property. The life lease holder usually pays an upfront charge...
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
  • Article

    Much Needed Relief: Ontario Courts Address Anti-Black Racism In The Context Of Relief From Forfeiture

    In a decision recently upheld by the Ontario Court of Appeal, the Ontario Superior Court of Justice in Elias Restaurant v. Keele Sheppard Plaza Inc. took judicial notice of anti-black racism.
    CanadaReal Estate and Construction
    Cassels
    Cassels
  • Article

    New Asbestos Regulation Affects Landlords And Tenants

    On November 1, 2007, new legal requirements regarding asbestos came into force which significantly increase the responsibilities of landlords and tenants in dealing with asbestos in their buildings and premises.
    CanadaReal Estate and Construction
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    New Guidance From Ontario Court Of Appeal On Landlord Liability For Historical Contamination

    The case involves property owners who had rented their premises to a dry cleaning business in the early-to-mid 1990s.
    CanadaReal Estate and Construction
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    New Updates From CMHC On The Canada Emergency Commercial Rent Assistance Program

    The CECRA program will be extended by one month in order to help small businesses pay rent for August.
    CanadaReal Estate and Construction
    Fasken
    Fasken
  • Article

    Nightmares In Commercial Real Estate Transactions

    It's that time of year when pumpkin sales go soaring, horror movies sell out at the theatre, and everyone is seemingly dressed up as a vampire or a zombie.
    CanadaReal Estate and Construction
    Houser Henry & Syron LLP
    Houser Henry & Syron LLP
  • Article

    Not-Quite-Absolute Obligations: Reasonable Limits On Lease Covenants To Repair & Restore

    Both commercial landlords and their tenants should take heed: under Canadian common law...
    CanadaReal Estate and Construction
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Ontario Court Of Appeal Dusts Off Section 3 Of The Commercial Tenancies Act

    At first instance, the application judge noted an apparent conflict in the case law on assignments and subleases.
    CanadaReal Estate and Construction
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Playing The Name Game: Getting To Know Your Landlord Or Tenant

    One of the essential elements of a binding agreement to lease is the identity of the parties. The parties must be named.
    CanadaReal Estate and Construction
    Daoust Vukovich LLP
    Daoust Vukovich LLP
  • Article

    Real Estate Law In Canada: The Lay Of The Land In 2022

    Four partners in Stikeman Elliott's Real Estate Group recently co-authored the Canadian chapter of the Real Estate Global Practice Guide, published by U.K-based Chambers and Partners.
    CanadaReal Estate and Construction
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Recent Case: Rights Of A Commercial Landlord As A Creditor In Bankruptcy Of Tenant

    On April 27, 2020, the Ontario Court of Appeal released its decision in Curriculum Services Canada/Services Des Programmes D'Etudes Canada (Re), 2020 ONCA 267 ("Curriculum").
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Renters' Rights Act 2025: The Countdown To 1 May 2026 Begins

    On 13 November 2025, the Ministry of Housing, Communities and Local Government published its roadmap for implementing the Renters' Rights Act 2025, confirming that many of the main provisions will come into force...
    CanadaReal Estate and Construction
    Gowling WLG
    Gowling WLG
  • Article

    Tenant Screws Landlord, and So Does the System

    A recent decision from the Divisional Court provides an outrageous and perfect example of how the legal system in the Province allows residential tenants to live rent free for over a year, and in this case, close to a year and a half.
    CanadaReal Estate and Construction
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Tenants Obligation To Withhold Tax For Non-Resident Landlord

    A Tax Court of Canada (the "TCC") decision entitled 3792391 Canada Inc. v. The King (hereafter "391") creates concern for tenants who do not have clear and sufficient knowledge of their landlords' residency status.
    CanadaReal Estate and Construction
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    Tendering: A Contractor’s Rights and Obligations with Respect to Subcontractor Bids

    CanadaReal Estate and Construction
    Goodmans LLP
    Goodmans LLP
  • Article

    There's An Exception To Every Rule: Navigating Rental Exemptions Under The Strata Property Act

    Tranquility Estates is a 180-unit residential strata corporation in Vancouver, British Columbia.
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Top 5 CAT Decisions Of 2024

    In 2024, several key decisions from the Condominium Authority Tribunal (the "CAT") have shaped the legal landscape for condominium corporations.
    CanadaReal Estate and Construction
    Miller Thomson
    Miller Thomson
  • Showing 961–980 of 1925 results

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