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Typically, using the vehicle of a corporation insulates directors from personal liability to the corporation’s creditors for defaults, but that is not always true. A recent Ontario case highlights that risk for those who are the “directing minds” of the corporation. Read More

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Commercial Real Estate Law

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Commercial Real Estate Law

Topics:  Financial Brownfields & Municipal Financing and Incentives Read More

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Commercial Real Estate Law

Commercial and residential property owners commonly enter into service contracts with third-parties for services such as snow and ice removal from their premises. If a contract is properly drafted it will contain insurance and indemnification provisions intended to allocate responsibility to the contractor. Read More

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Sep 14, 2011
Article
Late last fall, economists and the media were agonizing over whether or not the current buoyant real estate market in Canada was going to continue. The Toronto market especially saw significant record sales and steadily increasing resale and new home prices, especially on the condominium side. Since last December, the Toronto housing market has enjoyed record-breaking condominium sales throughout the spring and early summer. Read More
The July 2011 decision of the Ontario Court of Appeal in the case of Musilla v. Avcan Management Inc., clarified the law regarding a landlord's obligation to return a tenant's deposit for last months rent (pursuant to section 107 of the Residential Tenancies Act, Ontario) and the circumstances when a landlord's is entitled to keep the deposit. Read More

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From 1994 to 2008, property owners in the City of Toronto requiring access to their neighbours’ lands to carry out repairs renovations were able to rely on By-Law 1994-0404 to obtain such access. The 1994 By-Law allowed owners and occupants of buildings to enter upon any adjoining land for the purpose of making repairs, alterations or improvements with the sole condition that the adjoining land must be returned to its original condition upon completion of the work. Read More

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Construction Law  |  Commercial Real Estate Law

If you are Landlord or Lender to a Tenant who needs to borrow funds for its business in consideration for a charge on its assets and /or leasehold interest, you should read the Article on "Leasehold Mortgages and Chattel Waivers" co-written by Darrell M. Gold for presentation at the 2010 ICSC Law Conference. Read More

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Sep 17, 2009
Article
Financing land acquisitions in today's economy. Read More

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Commercial Real Estate Law

Jun 1, 2009
Article
Making sense of the proposed harmonized tax Read More

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Tax Law  |  Commercial Real Estate Law

So you thought you needed permission from your neighbor to swing that crane over his property? Well maybe you did, or maybe you didn’t. Read More
On May 8, 2008, Anthony Romanelli presented the attached seminar at the BILD Condominium Forum, together with other condominium consultants. As noted in the presentation, converting existing residential or commercial/industrial sites into condominiums is fraught with statutory and financial pitfalls. This presentation sheds some light on the conversion process and provides some tips on avoiding and managing the pitfalls that developers may encounter. Read More
Dec 15, 2006
Article
Our guide will assist any foreign business doing business in Canada or planning to do business in Canada. With its concise overview style, our guide is an ideal reference tool for the entrepreneur and owners of mid-sized privately-held companies. Our guide covers a broad spectrum of business matters, and provides important insight on: choosing the right business organization; taxation; the regulation of foreign investment, competition and the sale of goods and services; labour and employment; immigration; importation of goods; real estate; environmental law; intellectual property; franchising; and privacy law. Read More

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Tax Law  |  Commercial Real Estate Law  |  Business Law

In July, 2006 the Ontario Court of Appeal reversed the March, 2005 decision in 473807 Ontario Ltd. v. TDL GROUP Ltd. (Tim Hortons) and held that TDL could set off against the rent it owed to the mortgagee in possession, a damage award of approximately $700,000.00 TDL had obtained against its landlord. The set-off could amount to TDL effectively having little or no rent to pay for the balance of its lease. For the balance of this article with suggestions on how lenders can minimize their exposure to a claim for setoff by tenant, please read Darrell Gold's commentary. Read More

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Commercial Real Estate Law

Under casualty insurance policies, where the named insured is a nominee for undisclosed beneficial owners, current case law indicates the importance of advising the insurer of the relationship and possibly the identity of the beneficial owners. A failure to disclose the information to your insurer may result in the insurer denying coverage when a claim arises. This topic is now being considered in the area of title insurance pursuant to the June, 2006 decision in Nadvornianski v. Stewart Title Guaranty Co., where the Ontario Superior Court of Justice held that a "genuine issue for trial" existed with respect to whether a nominee property owner with no beneficial interest had an "insurable interest" under a title insurance policy and was entitled to claim under the policy. Read More

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Commercial Real Estate Law

Since the introduction of residential title insurance in Ontario, the market has grown to encompass commercial properties as well. Typically used to insure the fee simple interest of the property owner-and its lender(s), one overlooked area continues to be that of tenants - especially in regards to ground leases where significant monies are at risk should the fee owner's title be put into question or the permitted use under the lease be prevented. This Newsletter will explain what the Leasehold Title Insurance endorsement ("LTI") is, when it should be considered and what it covers and does not cover. Read More

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Serving on the Board of a charitable or not-for-profit corporation can be a very rewarding experience for the Charity/NFP and even more so for the individual. However, many people do not realize the nature and extent of the director's duties and responsibilities and the consequences for the failure to meet them. This Communique identifies the general duty of care required, the standard for such duty, some of the common sources of director liability and certain pro-active steps one can take to minimize his/her exposure. Read More

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Commercial Real Estate Law

A breach of a "time is of the essence" clause in an agreement of purchase and sale can have dire consequences on a purchase and sale transaction, even for late delivery of a deposit. This issue is explored in greater detail in the attached article, "Don't be Late for a Very Important Date!", written by Leor Margulies and Barbara Green and presented at the November 2005 Law Society Six Minute Real Estate Lawyer. Read More
Mar 31, 2006
Article
Updates on recent case law, legislation and regulation: Apartment Building Owners: insurance premium increases in store as a result of a $13M judgment. Building Code: ontario court rules that building code does not have retroactive effect. Greenbelt Amendments: lands frozen midstream at OMB - lightning strikes again. New Home Builders: court ignores contract - orders closing date extension outside of contract. A sale of shares does not constitute "trade in real estate" under the Real Estate and Business Brokers Act. Read More

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Commercial Real Estate Law

DID YOU KNOW that a lease clause requiring a tenant to be "in occupancy" as a pre-condition to its exercise of a right to terminate its lease, does not necessarily mean physical occupation of the premises is required in order to excerise the right? Read More

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