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May 21, 2015
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 Virtually every agreement contains a notice clause and, if you do not follow it carefully, you do so at your own risk. In a December 2014 dec... Read More

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Leasing & Property Management

  Many offers to lease and leases contain an estimated area of the premises and building for purposes of calculating base rent and the tenant'... Read More

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Leasing & Property Management

You just leased space to carry on a fast-food restaurant in a university neighbourhood where the target market is students who don’t carry ca... Read More

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2249778 Ontario Inc v Smith (Fratburger) 2014 ONCA 788 (CanLII)  |  ATM  |  Lease

 In November 2014, the Supreme Court of Canada (Bhasin v. Hrynew, 2014 SCC 71 ) issued a unanimous decision which effectively expanded the common law approach to “good faith” in contracts by recognizing that there is a duty to act honestly in the performance of contractual obligations as part of that “good faith”.

In order to better understand what this means in terms of contracts and their performance going forward, we need to consider the facts in the Supreme Court case

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Bhasin v. Hrynew 2014 SCC 71  |  Contracts  |  Good Faith  |  Honesty  |  Lease  |  RENX  |  The Legal Corner

In this still hot real estate market, in order to provide a ‘firm offer’ as quickly as possible, many deals are entered into without a professional inspection of the property. However, hastily entering into a deal carries great risk to the buyer, especially where older properties are involved.

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Commercial Real Estate Law

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Property Biz Canada  |  Real Estate  |  The Legal Corner

  Presented below are a few due diligence searches that proactive tenants and counsel should consider carrying out before entering into a binding offer to lease or lease. Read More

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Due Diligence  |  Enviromental Issues  |  Landlord  |  Property Biz Canada  |  Real Estate  |  Tenant  |  The Legal Corner  |  Zoning

Darrell M. Gold, a partner in our Real Estate Group and Robert Choi, an associate in our Litigation Group, co-authored the article – "Forfeit... Read More
Presented below are a few due diligence searches that proactive tenants and counsel should consider carrying out before entering into a binding offer to lease or lease. Keep in mind that you must be practical in determining which searches you want to carry out (as time and expense are involved) so you must assess the “risk” to you of not doing the searches. Read More

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Due Diligence  |  Enviromental Issues  |  Landlord  |  Leasing  |  Searches  |  Tenant  |  Zoning

Many readers of this newsletter own a home and some may also own or come to own commercial properties. At some point in time one or more of those p... Read More

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Broker  |  Commission  |  Property Biz Canada  |  T.L. Willaert Realty Ltd. v. Fody  |  The Legal Corner

As a real estate lawyer whose practice is predominantly commercial leasing, I still need to be aware of “red flags” for potential environmental issues and then seek assistance from an environmental law specialist where contamination is possible, suspected or known. Read More

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Business Law  |  Commercial Real Estate Law

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Contamination  |  Enviromental Issues  |  Liability  |  Property

You may already be receiving specific e-mail notices from businesses asking you to “click to consent” to continue receiving their emails. This article will explain why.

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Business Law

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CASL  |  CEM  |  Consent  |  Email  |  SPAM  |  Texts

Almost every agreement, including many leases, contain clauses that purport to be representations and/or warranties. In many cases the parties may not understand the differences between them, including the rights and remedies that flow from a breach of either one.

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Commercial Real Estate Law

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Anne of Green Gables Licensing Authority Inc. v. Avonlea Traditions  |  Property Biz Canada  |  Representation  |  The Legal Corner  |  Warranty

Typically, changing old locks for new ones should make your premises more secure. However, in the context of commercial leases, that is not the case where the tenant is in default, is locked out by the landlord and re-enters and changes the locks again. In fact the tenant risks the loss of its right to relief from forfeiture in those circumstances, as was the result in the 2012 Ontario Superior Court decision in 7984987 Canada Inc. v. Lixo Investments Ltd.

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7984987 Canada Inc. v. Lixo Investments Ltd.  |  Landlord  |  Leasing  |  Tenant

Starting January 1, 2013, almost everyone in the construction industry needed a Workplace Safety and Insurance Board (“WSIB“)  cle... Read More

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Commercial Real Estate Law  |  Business Law

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Clearance Number  |  Contractors  |  WSIB

Some of you may recall that I wrote about the law of “quiet enjoyment” just over a year ago. ( Tenant's Right to Quiet Enjoyment -... Read More

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Quiet Enjoyment  |  Breach of the Covenant

In a 2013 B.C. decision, (Zellstoff Celgar Ltd. v. British Columbia), at issue was whether or not equipment and machinery included in the purchase ... Read More

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Land Transfer Tax Act  |  Property Transfer Tax Act of B.C.  |  Zellstoff Celgar Ltd. v. British Columbia

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Eviction  |  Leasehold Title Insurance Endorsement

Jul 23, 2013
Presentation
Darrell Gold Chaired and Co-Chaired ICSC Roundtable Discussions Read More

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The Repair and Storage Lien Act: A Practical Guide (pending) Read More

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Jul 23, 2013
Article
The Commercial Lease (5th Ed pending) Read More

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