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Overholding
Sometimes, the unexpected can occur. Someone gets sick, a big contract falls through, or renovations of a new space go awry – for whatever reason, a tenant may find itself unable to vacate its premises on the termination date of...
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The Exclusive on « Exclusive Use » Clauses in Quebec
Introduction In the Province of Quebec, as in the rest of Canada, tenants are always looking to protect their market and ensure their success. One of the techniques frequently employed to accomplish the above goals is the use of “exclusive...
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Proposed Amendments to the BC Contaminated Sites Regulation
Following a year of consultation with various stakeholders, the BC Ministry of Environment (“MOE”) has released a series of omnibus documents (the “Stage 10 Amendments”) regarding proposed updates to the BC Contaminated Sites Regulation (“CSR”). The Stage 10 Amendments are...
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On the Horizon: Landlord Licensing in Toronto
Landlords in Toronto take note: the new year may bring with it a new scheme of landlord licensing applicable to approximately 3,300 rental buildings in the City. The controversial framework for a multi-residential rental property licence was debated and approved...
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Taking over existing leases: A tenant’s perspective
In many transactions involving the purchase and sale of a business, the seller may not own the property where the business is carried on but may have an existing lease of the property. In a situation where there is a...
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Facing the « Big Unknown »
New Building Issues Negotiating offers and leases for new space in an existing building requires careful consideration of a number of issues such as landlord’s work, possession date(s), fixturing period(s), improvement allowances and remedies (if any) in the event of...
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Tread carefully through ‘additional name insured’ territory
One of the many tricky terms in the insurance provisions of a lease is the common clause requiring that the landlord be included as an « additional named insured » in the tenant’s commercial general liability policy (« CGL« ). While it is always...
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New Relief for Landlords from Relief from Forfeiture
Relief from forfeiture, the right of the courts to set aside any landlord termination of the lease and to reinstate the evicted tenant to the leased premises, has long been an integral part of the Canadian commercial leasing scene. In...
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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...
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Strata Property 2013: Borrowing
Continuing Legal Education Society of BC
