It is common, after parties duke it out in court, for the winner to be "awarded costs" - the loser must pay all or a portion of the winner's legal fees.

In October 2022, the federal Competition Bureau launched a market study of grocery store competition in Canada in response to cries from the Canadian public for lower prices, more convenience and greater innovation.

The Companies Creditors' Arrangement Act ("CCAA") provides a mechanism for financially troubled companies to restructure their affairs. In McEwan Enterprises Inc., 2021 ONSC 6878 ("McEwan"), ...

In response, the tenant commenced an application for relief from forfeiture.

In a recent Ontario Superior Court of Justice decision, the Court was tasked with determining whether certain costs related to an open-air atrium, ...

One of the essential characteristics of ownership of real property is that it is alienable. Unlike a contractual interest, a general feature of real property is that it can be transferred to a new ownership.

A dispute arose between the parties, the parties engaged in an arbitration to resolve the claim for damages.

A properly drafted indemnity agreement can be a powerful tool in a landlord's arsenal. All the more so since a recent Ontario court decision held that a landlord...

The Ontario Superior Court of Justice recently confirmed some well-settled law: if a landlord chooses to keep the lease alive despite the tenant's default...

The insolvency of the Hudson's Bay Company ("HBC"), Canada's oldest corporation and iconic department store, is the most recent in a long list of fallen anchor tenants. In the last ten years.

In our June 30 News ReLease titled "Withholding Rent: Gutsy or Risky?", we considered whether a commercial tenant who was withholding rent during the pandemic was simply being strategic.

Our March 26, 2021 News ReLease titled "Expanding Bhasin: Acting Honestly Includes Correcting False Impressions" reviewed the Supreme Court of Canada decision, CM Callow Inc v Zollinger.

One of the essential elements of a binding agreement to lease is the identity of the parties. The parties must be named.

In Canadian common law jurisdictions, when the tenant defaults under a commercial lease, the landlord doesn't have to do anything. The landlord can simply insist that the lease remain alive, and...

In our February 8, 2024, News ReLease, we reported on The Canada Life Assurance Company et al. v Aphria Inc. ("Aphria"). In that case, the tenant wanted out of its lease and purported to "repudiate"...

Percentage rent ties a tenant's rental obligation to its sales at the leased premises. Typically, the percentage rent payable will be determined by multiplying an established percentage...

Property rights are valuable. They include the right of "alienability" (i.e., someone who owns property has the right to sell it) and the right to encumber it (i.e., raise financing).

In our November 29, 2023 News ReLease entitled, ‘Are Exclusive Covenants About to Become Extinct?', we reported on changes to the federal Competition Act (‘Act'). On December 15, 2024, any agreement in Canada...

It is common for the commencement date of a commercial lease to be tied to a future event, for example, obtaining a building permit, a change of zoning, or site plan approval.

You may have recently read headlines about an interesting development in Canada's largest commercial real estate market.