( Disponible en anglais seulement )
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...
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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...
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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”)....
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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...
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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...
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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...
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Capital Cost Struggles
The struggle between landlords and tenants regarding capital costs is not a new one. Commercial leases address this issue in a variety of ways. A very recent decision of the Ontario Superior Court of Justice in RioCan Holdings Inc. v....
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Transfers of Retail Leases – Issues and Pitfalls
In recent years, Canadians have been witness to the reshaping of the Canadian retail landscape, precipitated in large part by a difficult global economic climate resulting in increased insolvencies, restructurings and consolidations of retail businesses and the efforts of foreign...
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New Property Tax Appeal Procedures in Alberta
In the first few months of the year, property owners in Alberta will be receiving their property tax and business tax assessments, and should be considering making a complaint if their assessment is significantly in error. A complaint will lead...
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Real Estate Commissions Disputes
Realtors expect to be paid for their work when they deliver to a vendor who is similarly ready to conclude a deal, a purchaser who is willing, ready and able to purchase. In the normal course, the transaction is completed,...
