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Mar 12, 2014
Article

Relief from Forfeiture: When Does Changing

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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Related People

Darrell M. Gold

Keywords

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

Dec 11, 2013
Article

Are You at Risk on January 1, 2014? Hiring a Contractor and the Workplace Safety Insurance Act

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

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law  |  Business Law

Keywords

Clearance Number  |  Contractors  |  WSIB

Nov 11, 2013
Article

A Breach of the “Quiet Enjoyment” Covenant – “Scents” and “Sensibility”

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

Related People

Darrell M. Gold

Keywords

Quiet Enjoyment  |  Breach of the Covenant

Oct 28, 2013
Article

Land Transfer Tax on an Asset Sale – “Fixtures” v. “Chattels”

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

Related People

Darrell M. Gold

Keywords

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

Oct 16, 2013
Article

Help! I Can’t Use My Premises! – The “Leasehold Title Insurance Endorsement (“LTE”)”

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Related People

Darrell M. Gold

Keywords

Eviction  |  Leasehold Title Insurance Endorsement

Jun 17, 2013
Article

"Capital Repairs" - An Update

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

Related People

Darrell M. Gold

Keywords

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

Jun 3, 2013
Article

A Landlord's Duty of Care in a Commercial Lease and the Occupier's Liability Act - A Follow Up

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

Related People

Darrell M. Gold

Keywords

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

Jun 3, 2013
Article

Does Size Really Matter? "Fixtures" (not removable) v. "Trade Fixtures" (removable) - Do you Know the Differences?

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

Related People

Darrell M. Gold

Keywords

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

Jun 3, 2013
Article

The Dangers of Wrongful Termination: Damages and More

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

Related People

Darrell M. Gold

Keywords

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

Feb 28, 2013
Article

Stepping back in time - additional rent re-adjusments and a changein the landlord

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

Related People

Darrell M. Gold

Keywords

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

Jan 15, 2013
Publication

Rights and Remedies : A Summary of the Workings of the Repair and Storage Liens Act, Ontario

Darrell M. Gold contributed the chapter entitled "Rights and Remedies : A Summary of the Workings of the Repair and Storage Liens Act, Ontario" to ... Read More

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law

Nov 22, 2012
Article

Ground Leases – A Basic Primer for Landlords and Tenants

What Is It: A long term lease (e.g. 30 – 999 years) of: un-improved lands; or previously improved lands in need of major re-development at significant capital expense where the tenant gets rights/benefits and liabilities/obligations as if it was the landowner BUT is not the landowner. Read More

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law

Nov 20, 2012
Article

Changing a Property Sale to A Share Sale

Imagine you are a commercial broker. Your client retains you to sell one of it its office buildings. You find a buyer for the property who ends up being the buyer but, your client and the buyer (its shareholder) change the deal from an asset purchase to a share purchase and your client’s shareholder sells its shares in your client to the buyer and then refuses to pay you a $400,000.00 commission arguing that the “building” was not sold. Read More

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law

Oct 30, 2012
Article

LEED CANADA – "Leadership in Energy and Environmental Design" - A Summary

1. What is LEED CANADA? It is a not-forprofit, national building certification program to advance green building and sustainable community development practices in Canada since 2002. According to the Canada Green Building Council (“CGBC”), buildings generate about 35% all of greenhouse gases and landfill waste and 80% of all water is consumed in and around buildings, so the environmental impact is significant. Read More

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law

Oct 19, 2012
Article

Right of First Refusal

A Right of First Refusal (“ROFR”) is a right given to some tenants to match a 3rd party offer to lease space (and, on occasion, to purchase property containing the premises leased). Read More

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law

Sep 18, 2012
Article

Transfers Requiring Consent – What is Reasonable? Unreasonable?

Landlords rightfully want and need some control over their tenant mix in terms of permitted uses as well as the actual tenants. Typically this is done through the use and transfer provisions in a Lease. In the latter tenant transfers are not permitted as of right, (other than in certain limited and negotiated circumstances which are dependant on the leverage of the tenant and even then certain pre-conditions usually apply) at the tenant’s own volition but are rather subject to landlord consent being obtained. Read More

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law

Sep 18, 2012
Article

Boilerplate – The Rodney Dangerfield Clauses – Part 2

Some of you may recall that in March, 2012, I wrote Part 1 of this Article, dealing with the Notice, Entire Agreement, Severability and Governing Law clauses that are common to virtually every agreement – and not just leases. Read More

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law

Aug 15, 2012
Article

Tenant's Right To Quiet Enjoyment – How Far Does it Go?

The right of a tenant to peacefully enjoy its premises without interference from a landlord arises at law and is clearly seen from an old English case where the court held that “the basis of it is that the landlord, by letting the premises confers on the tenant the right of possession during the term and impliedly promises not to interfere with the tenant’s exercise and use of that right to possession during the term.”

Read More

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law

Jul 17, 2012
Article

Tenant Audits: What Landlords, Tenants and Property Managers Need to Know

Imagine the following scenario: You own a retail plaza in Toronto. The Plaza contains a few anchor tenants as well as some “smaller” tenants. You just issued your annual reconciliation statement for additional rent for 2011. Thirty days later, you receive a written request from one of your anchor tenants for all backup invoices supporting the additional rent calculated in accordance with that tenant’s lease and charged for the prior year. Read More

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law

Jun 19, 2012
Article

Toronto's New Proposed "Downtown Tall Buildings Vision and Performance Standards Design Guidelines"

These Guidelines which include “performance standards” for new developments are going to City Council for adoption in July 2012 and are important for developers to be aware of. What follows is a summary of some of the information available on the City of Toronto’ website: Read More

Related People

Darrell M. Gold

Related Practice Areas

Commercial Real Estate Law

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