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Searching Content indexed under Landlord & Tenant - Leases by McMillan LLP ordered by Published Date Descending.
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1
Performance Bonds: What Project Finance Lenders Should Know
As part of the performance security package for construction projects, project finance lenders (as well as project owners, landlords and government authorities)
Canada
12 Jul 2019
2
Change Is Coming To Ontario's Construction Lien Act – What Do You Need To Know For 2018?
As detailed in past McMillan Bulletins from December 2017 and February 2018, on December 12, 2017, Bill 142, the Construction Lien Amendment Act, 2017, received Royal Assent and became law in Ontario.
Canada
5 Mar 2018
3
Winter is coming – and so is Ontario's new Construction Act
On December 5, 2017, Bill 142 passed its legislative third reading, meaning Ontario's new Construction Act will become law with the Lieutenant Governor's signature. This act of signing, constituting Royal Assent, is expected early in the New Year.
Canada
19 Dec 2017
4
Enforcing an Offer to Lease – Essential Elements and No Fundamental Breach
In Northridge Property Management Inc. v. Champion Products Corp., 2017 ONCA 249, two issues relating to agreements to lease commercial premises were considered:
Canada
31 May 2017
5
Rolling Liability for Continuous Breaches of Commercial Leases
Commercial leases often contain covenants of continuous performance; a breach of such a covenant is also continuous.
Canada
24 May 2017
6
The Timely Exercise Of Lease Renewal Rights
The Landlord and the Tenant had many discussions about renewing the Lease beginning in July, 2014.
Canada
14 Feb 2017
7
Better Late Than Never: Court Finds That Landlord Still Entitled To Payment Of Additional Rent After Forgetting To Invoice Tenant For 3 Years
The recent decision of Bulley v. Weatherford Canada Partnership is a good reminder for commercial landlords and tenants alike that, absent a clear intention by the parties to amend, the written lease terms will likely prevail, ...
Canada
20 Dec 2016
8
Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market
Currently, Vancouver's Zoning and Development By-law permits only licensed hotels and bed and breakfasts to offer rentals of less than 30 days.
Canada
18 Oct 2016
9
Fundamental Breach Of Commercial Leases
A typical commercial lease is not a balanced document in terms of rights and remedies for a breach of the lease. There will be long list of tenant defaults that will give the landlord a full range of remedies.
Canada
12 Sep 2016
10
Terminating Tenancy - Three Lease-Break Clauses That Allow For Redevelopment
What was new and exciting 40 years ago is now in need of rejuvenation. Old office towers, tired shopping centres, rundown industrial parks — all are potential redevelopment opportunities for building owners.
Canada
26 May 2015
11
Limiting Rights Of First Refusal Not An Easy Business
The decision sends a clear message to the landlord community that courts will go to great lengths to give effect to a tenant's right of first refusal.
Canada
16 Feb 2015
12
Limiting Your Indemnity – When The Words Are Important
Tsain-Ko Village Shopping Centre Limited Partnership v Watts ("Tsain-Ko")1 is the story of how the best laid plans of a father trying to help his son get started down his chosen career path can go awry.
Canada
13 Jun 2014
13
Drafting, Exercising And Protecting Lease Renewal Rights
The decision in Delphi Management Corporation v Dawson Properties deals with several legal principles applicable to tenants drafting and exercising renewal and extension rights in commercial leases.
Canada
10 Jun 2014
14
A Lease Estoppel Certificate Constituting The Exercise Of A Renewal Right
Almost all commercial leases contain a provision that the landlord can call for the tenant to sign a document or certificate detailing and confirming various lease related particulars.
Canada
22 Feb 2014
15
Leasing Lessons Learned From The Alberta Flood
As the New Year has begun, it is a good time to ponder the major events over the past year and the lessons learned from them.
Canada
13 Jan 2014
16
Being Precise In Exercising Renewal Rights
The recent Manitoba Court of Appeal case of 441 Main Inc. v Silver Pawn Pictures Inc., 2013 MBCA 70 is a reminder of how important it is to be precise when exercising renewal or extension rights.
Canada
10 Oct 2013
17
So You Want To Redevelop Your Property? Don't Forget About Those (Pesky) Tenants
Old office buildings, tired shopping centres, run-down industrial parks – all are potential redevelopment opportunities.
Canada
24 Jul 2013
18
Landlord's Search Of Tenant's Premises Not A Breach Of Privacy
The British Columbia Supreme Court confirmed in Demcak v Vo, 2013 BCSC 899 that there is no common law tort for breach of privacy in BC and that privacy claims are limited to the statutory remedies found under BC's Privacy Act.
Canada
 
8 Jul 2013
19
Lease Due Diligence
There are any number of searches and enquiries that can be made to complete due diligence in any type of transaction, including negotiating lease documentation.
Canada
13 Apr 2013
20
Charging Management Fees Or Administration Fees To Tenants Under A Net Or Carefree Lease
In most commercial leases the gross rent payable by a tenant to a landlord has a number of components including the basic rent, a share of realty taxes and a share of operating costs.
Canada
20 Nov 2012
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