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Searching Content indexed under Landlord & Tenant - Leases by Norton Rose Fulbright Canada LLP ordered by Published Date Descending.
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Real Estate Focus – August 2019
In this edition we take a look at the possible demise of ASTs; two disputes under the Electronic Communications Code; and new global guidance on the measurement of land.
Canada
16 Aug 2019
2
Understanding Landlord Consents In Share And Asset Purchase Transactions
Transactions, whether share or asset purchase, may involve the transfer of real property interests.
Canada
29 May 2019
3
Estoppel Certificates: To Sign Or Not To Sign, That Is The Question
On August 10, 2017, the Ontario Superior Court issued a decision that deals with the importance and enforceability of an estoppel certificate.
Canada
22 Jun 2018
4
Superior Court Of Justice Clarifies Rules On Relief From Forfeiture In Commercial Leasing Context
The Ontario Superior Court of Justice recently held that courts have the power to grant relief from forfeiture for a tenant's failure to comply with a condition precedent in a lease so long as the tenant took reasonable and diligent steps.
Canada
17 Aug 2017
5
Landlord Liability: Counterfeit Merchandise, Vicarious Liability And Aiding And Abetting Infringement
The Federal Court of Appeal earlier this year remitted a decision to the Federal Court to clarify an ambiguity in a judgment issued on summary trial relating to recidivist sale of counterfeit Chanel merchandise.
Canada
9 Sep 2016
6
Medical Marijuana Dispensaries In Toronto: A Commercial Landlord's Problem?
The proliferation of medical marijuana dispensaries in cities such as Vancouver and Toronto has prompted city councillors to crack down—albeit in different ways—on these illegal businesses.
Canada
13 Jul 2016
7
An Accident Victim Obtains Damages Of $1.2 Million In The Quebec Superior Court Despite A Pre Existing Medical Condition
On March 30, 2016, the Quebec Superior Court awarded more than $1.2 million to a man who is now paralyzed after falling in the parking lot of his apartment.
Canada
12 Jul 2016
8
Quebec Superior Court: Tenant Cannot Rely On A Lease To Avoid Liability For Gross Negligence
Contracts such as leases or insurance contracts are generally governed by the will of the contracting parties.
Canada
8 Dec 2015
9
Operation Of Landfills On Reserve Lands: Evolving Area Of The Law
The underlying action concerns the operation of a landfill on reserve lands. Atlantic Waste Systems Ltd. operated a landfill on reserve lands pursuant to a lease from the federal government.
Canada
26 Nov 2015
10
Two Routes To Rent Recovery
A decision by the British Columbia Court of Appeal serves as an important reminder that landlords must choose carefully when determining which course of action to pursue against a defaulting tenant.
Canada
24 Apr 2015
11
Lease Considerations In The M&A Context – Part 2
In a previous post we began exploring lease considerations that landlords and parties to asset purchase and sale transactions should be aware of in the M&A context...
Canada
16 Apr 2015
12
No Free Ride: Rent Applied Against Purchase Price To Be Taken Into Consideration For Transfer Duties
In this case, the tenant benefited from an option to purchase the property it was leasing for a purchase price of $2,944,000. The lease also provided that any amount paid as rent would be deducted from the purchase price.
Canada
25 Feb 2015
13
Lease Considerations In The M&A Context
In the wake of a series of announcements regarding the closure of the operations of several Canadian retailers, questions are being asked regarding the potential impact on the landlords of the numerous store locations affected.
Canada
30 Jan 2015
14
Estimating Operating Costs: A Risky Business
We often see in leases or offers to lease a landlord’s estimates for operating costs or real estate taxes.
Canada
14 Jan 2015
15
Changing A Tenant’s Locks: Never A Good Idea
We are often asked by our landlord clients whether they can change the locks on a tenant’s premises when it is evident the tenant is in default or has indicated it will be in default under its lease.
Canada
12 Jan 2015
16
Terminating An Offer To Lease In Good Faith: It Can Still Happen
A recent Quebec Superior Court decision appears to have softened the court’s tendency of considering tenants’ abrupt terminations of offers to lease as acts of bad faith.
Canada
18 Feb 2014
17
Max Aviation: A New Tendency To Favour Landlord Rights?
The Quebec Court of Appeal has recently handed down a much-anticipated ruling on commercial leases and landlord obligations.
Canada
1 Jul 2013
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