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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

  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

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

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

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

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Eviction  |  Leasehold Title Insurance Endorsement

Jun 17, 2013
Article
Many of you will recall an earlier Legal Corner article (June 2012) where I wrote about the Ontario decision in RioCan Holdings Inc. vs. Metro Onta... Read More

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Leasing  |  Captal expenditures  |  RioCan Holdings Inc. vs. Metro Ontario Real Estate Limited.

Is a commercial landlord liable for accidents that occur on its tenant’s premises? I wrote previously about the situation under a residential... Read More

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Commercial Landlord  |  Musselman v. 8755667 Ontario Inc.  |  Occupier’s Liability Act

A 2013 Newfoundland Court of Appeal decision Newfoundland and Labrador Housing Corp. v. Humby sheds more light on the difficult issue of determinin... Read More

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Trade Fixtures  |  Fixtures  |  Labrador Housing Corp. v. Humby

In Shanahan v. Turning Point Restaurant Ltd. [Shanahan], a recent decision of the BC Court of Appeal, the tenant gave the landlord two months&rsquo... Read More

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Wrongful termination  |  Tenant  |  Landlord  |  Deposit  |  Shanahan v. Turning Point Restaurant Ltd. [Shanahan]

Rent reconciliations by landlords are common and many net leases provide for them after a calendar or fiscal year. However, properties often change... Read More

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Tenant  |  Landlord  |  Rent  |  a 1996 O.J. No.3746  |  Canada Trustco v. Mundet Industries

How long does a commercial landlord have to bring a claim against a tenant or guarantor/indemnifier following a lease default and demand on the guarantee/indemnity? Read More

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Apr 5, 2012
Article
Where an offer to lease is silent on who has the onus to determine if the property complies with all laws (e.g. zoning bylaws, health and safety laws etc.), and whether the tenant’s use is permitted at the premises, then a March 2011 New Brunswick case, will be useful for guidance. Read More

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Apr 5, 2012
Article
Virtually all leases provide for tenants to maintain and repair premises to a certain standard during the term and return them in certain condition at the end of the term. That standard is often qualified by: ”reasonable wear and tear excepted”, at the request of the tenant. Read More

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Mar 26, 2012
Article
Lease extension and renewal rights are very common lease options granted to a tenant but clauses and situations vary depending on the facts and leverage of the parties. However, there are certain material points that should always form part of the clause or at least be considered carefully when drafting the clause. Read More

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You will often find them under the headings: “Miscellaneous” or “General” articles in a lease. They are not usually given the attention they deserve when negotiating an offer to lease, lease or other contract but they should be and here is why. These clauses can and do affect each party’s legal rights and obligations in everyday dealings as well as on default and numerous court cases arise from them. Read More

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