Publications

Leasing & Property Management | Commercial Real Estate Law

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Jul 4, 2005

Article

Contractors, Renovators and the new Consumer Protection Act

Our contractor and renovator clients (and indeed all businesses in Ontario) will be significantly affected by the new Consumer Protection Act which comes into force on July 30, 2005. The new Act grants considerable new statutory rights to consumers while imposing harsh penalties on business that violate the new Act. Anthony Romanelli has studied the new Consumer Protection Act and provides a report. Read More

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Jul 1, 2005

Article

General Clauses - Part 2

This is a continuation of the last Communique topic on the importance of spending adequate time on the "General" or "Miscellaneous" clauses of a lease (including Notice, Severability of Clauses, Counterparts, Further Assurances and Inurement) and some issues to consider when reviewing those clauses. Read More

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Leasing & Property Management | Commercial Real Estate Law

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Mar 1, 2005

Article

General Clauses - Part 1

The "General" or "Miscellaneous" clauses of a lease are sometimes overlooked by the parties during negotiations in the interest of settling the "material" clauses. However, when we carefully consider why these "General" clauses are in so many agreements in one form or another, we realize that it is due to their great importance to the contract, and, in the event of a dispute under the contract, you will likely have recourse to them more often than you first thought. Read More

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Leasing & Property Management | Commercial Real Estate Law

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Mar 1, 2004

Article

Mortgage Financing Primer

On Tuesday, March 9, 2004, Leor Margulies, one of our real estate partners, presented a paper to the Ontario Bar Association entitled Mortgage Financing Primer for the Real Estate Lawyer. The paper addresses the various types of real estate transactions requiring funding, their sources and the general business terms associated with each type of financing and type of lender.The paper deals with acquisition, construction and take out financing, as well as conventional, mezzanine and conduit sources. It represents over 20 years of Mr. Margulies' legal and business experience in the development and mortgage financing areas. Read More

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Jan 6, 2003

Article

Listing Agreements and the "Holdover" Clause

If you are planning on listing your property for sale or lease soon with a Broker, you should read the latest edition of our Real Estate Communique before entering into the listing agreement. It deals with an Owner's liability for commission on a sale during the holdover period to a party who was introduced to the property during the term of the Agreement. Read More

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Commercial Purchases & Sales | Commercial Real Estate Law

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Mar 31, 2002

Article

Bulletin 22 Reminder

Although ONHWP Bulletin 22 has been around since November 15, 1989, a recently certified class action law suit involving the issues of proper measurement and disclosure of condominium unit size provides a timely reminder of the need for builders to comply with these requirements. Read More

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Condominium Law-Development & Corporations | Commercial Real Estate Law

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Nov 30, 2001

Article

Hidden Costs of Housing

Published in the Globe and Mail November 30, 2001.

In last week's article on the true costs of housing, I looked at the more obvious and apparent ones – GST and Land Transfer Tax. There are, however, numerous other local, regional and provincial charges that are added to the cost of new houses, that together with GST and Land Transfer Tax, represent anywhere from 16 per cent to 28 per cent of the total cost of purchasing an average new home in the GTA.

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Nov 25, 2001

Article

Real Cost of Housing

Published in the Globe and Mail November 25, 2001.

In previous columns, we looked at the various costs incurred by a purchaser for adjustments and costs contained in the standard new home purchase agreement. It is time to look at the part of housing costs that has nothing to do with actual land or building costs. We're talking about taxes, taxes and more taxes!

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Sep 3, 2001

Article

Subleases - A Risky Business in an Uncertain Economy

DID YOU KNOW?

That a sub-tenant's rights vary depending on whether there is: a bankruptcy of the tenant; a termination of the tenant's lease; or a surrender of the headlease? Cross-Default Clauses, Equity And Relief.

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Jul 20, 2001

Article

Have Money Waiting in the Wings - Prepare for those closing costs

Published in the Globe and Mail July 20, 2001.

Parts 1 and 2 of this column looked at many key provisions of the Agreement of Purchase and Sale to help purchasers better understand their legal rights and negotiate their agreements. This column will look at the two sets of additional costs associated with a new home purchase.

Depending on the competitive circumstances of the housing industry, a builder may seek to recover various costs, deposits and adjustments.

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Jul 3, 2001

Article

Commercial Leases - Case Update 2

Topics: Landlord's Right to Demolish for Re-Development; Implied Covenant to Maintain Occupancy; S.50 of the Commercial Tenancies Act.

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Leasing & Property Management | Commercial Real Estate Law

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Jun 29, 2001

Article

Protection From the Unknown - Title insurance offers peace of mind to Canadian homeowners

Published in the Globe and Mail June 29, 2001.

A question that many homeowners and home purchasers are asking themselves today is, what is title insurance and do they really need it? Title insurance provides property owners and mortgage lenders with protection in the event that another party claims an interest in the property, or there is some defect in the title or some related matter which lowers the value of the property being bought or mortgaged.

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May 25, 2001

Article

Key Items In Agreement: The Agreement of Purchase and Sale-Part II: The Agreement of Purchase and Sale gets updated

Published in the Globe and Mail May 25, 2001.

Most builders have their own form of agreement of purchase and sale which covers the matters mentioned in these columns.

The Greater Toronto Home Builders’ Association (GTHBA), which represents over 600 home builders in the GTA, developed a standard form of new home agreement of purchase and sale in 1988.

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Commercial Real Estate Law | Commercial Purchases & Sales

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May 4, 2001

Article

The Agreement of Purchase and Sale - Part I: Here are the key provisions of the agreement

Published in the Globe and Mail May 4, 2001.

The agreement of purchase and sale is the foundation for every real estate transaction, whether it’s residential or commercial. It never ceases to amaze me how what is usually the most important legal agreement that most people will ever enter into gets the least amount of attention from most home buyers.

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Commercial Purchases & Sales | Commercial Real Estate Law

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Apr 6, 2001

Article

Close-Up on Closings - Carefully peruse the purchase agreement's closing conditions

Published in the Globe and Mail April 6, 2001.

Delayed closings in the GTA are not a recent phenomenon. During the real estate boom of the 1980s, an overheated market put tremendous strains upon the supply of new homes.

In 1988, consumer pressure resulted in the provincial building industry regulatory body, the Ontario New Home Warranty Program (ONHWP), legislating mandatory provisions to be included in an Addendum to each Purchase Agreement for a new home (excluding new condominiums).

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Land Servicing & New Home Construction | Commercial Purchases & Sales | Commercial Real Estate Law

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Mar 29, 2001

Article

Domino Effect - Reputable builders will be in regular contact with purchasers to advise them of any

Published in the Globe and Mail March 30, 2001.

This year is threatening to be marked by strikes, new development taxes, rising construction costs, job losses and stock market crashes.

In spite of all that, the forecasts are still for a strong real estate market in 2001.

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Commercial Purchases & Sales | Commercial Real Estate Law

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Mar 1, 2001

Article

March Madness

Ontario New Home Warranty Program Recent Cases. Greater Toronto Home Builders Association Standard Form Purchase Agreement. Pay Assurance is coming to Town - Subdividers Beware. What is there to BRRAG about.

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Jul 3, 2000

Article

Say What You Mean, Mean What You Say

Topics: That an exclusive use clause can unexpectedly handcuff a landlord's ability to enter into future leases; "and" can mean "or".

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Leasing & Property Management | Commercial Real Estate Law

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Jun 1, 2000

Article

Whose Shopping Centre Is It Anyway

DID YOU KNOW?

That a lease should expressly state a landlord's rights to demolish or change the rental philosophy of a shopping centre if the landlord wants to re-develop it?

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