Lease Transfer Provisions & Corporate Tenant
Do mergers/amalgamations trigger consent rights? It is not uncommon for a national corporate tenant (especially those with international roots) to be part of a complicated organizational structure which can include cross-border elements. Tax and securities-driven reorganizations and restructurings are also...
No Trespassers Allowed
The act of “trespassing” is often conceptualized as one person setting foot on another person’s land without their consent. “Get off my property, you’re TRESPASSING!” is a common phrase landowners employ when faced with uninvited guests. At law, the term...
Strata Property 2013: Borrowing
Continuing Legal Education Society of BC
Unfolding Overholding
The recent decision of the Ontario Court of Appeal in AIM Health Group Inc. v. 40 Finchgate Limited Partnership, 2012 ONCA 795 provides a useful refresher course of landlord and tenant rights at the end of the term of a...
Canada Remains Fertile Ground for US Retailers
The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada, 2013
A steady stream of American and international retailers continue their march across the border and into the Great White North, lured by the appeal of economic stability, an underserved retail market, consumer enthusiasm for American brands and healthy sales per...
The Commercial Lease — Not Just Another Contract
The undisputed seminal case on lease remedies, Highway Properties Ltd. v. Kelly, Douglas & Co. Ltd. (“Highway Properties”) was challenged a few years back by the British Columbia Court of Appeal in Evergreen Building Ltd. v. IBI Leaseholds Ltd. (“Evergreen”)....
Repair and Maintenance Obligations Under the Commercial Lease
A typical commercial lease places most or all of the responsibility for repairs and maintenance on the tenant, except that the tenant’s obligations may be limited in respect of reasonable wear and tear, and the landlord may be responsible for...
Laying the Foundation for a Build-to-Suit Lease
A build-to-suit (or design-build) lease is essentially a landlord/developer’s agreement to construct a purpose built building, usually for a single tenant. The landlord will typically own or ground lease the lands (and once constructed, the building) and has the option...
Long Term Leases and Ontario’s Planning Act
Section 50 of the Planning Act and its predecessor sections have been in force for many years. Subsections 50(3) and 50(5) begin with a general prohibition against any conveyance, mortgage, purchase and sale agreement, or “any agreement that has the...
Adverse Possession – What’s Yours is Mine
Even if it is your land, over time, it may become somebody else’s. This is the effect of the law of adverse possession. Adverse possession arises when somebody occupies the land of another (sometimes referred to as squatter’s rights). This...
