Commercial Real Estate Law Articles

As another opportunity to share our expertise we invite you to take a look at our list of the many publications written by the lawyers at Daoust Vukovich.  For News Releases click here.

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Index of Articles

  1. Lease Negotiations & Deal Making Strategies
  2. Agreements to Lease, Letters of Intent & Preliminary Documentation
  3. Use Restrictions, Exclusives & Operating Covenants
  4. Financial Matters, Taxes & Operating Costs
  5. Lease Transfers (Assignment, Subletting)
  6. Litigation, Arbitration & Alternate Dispute Resolution
  7. Landlord & Tenant Remedies/Waiver of Default
  8. Security Interests, Bankruptcy & Mortgagees in Possession
  9. Insurance
  10. Telecommunications
  11. Miscellaneous

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Articles

1. Lease Negotiations & Deal Making Strategies

  • "Negotiating a "Net Net" Lease From The Tenant's Perspective"
    by Natalie Vukovich
    Law Society of Upper Canada, Continuing Legal Education
    The Real Estate Law Summit
    April 21-22, 2004
    [REQUEST PDF 1-12]
  • "Key Protections the Landlord Should Obtain When Negotiating Early Termination Rights"
    by Jeanne Banka and Joseph Grignano
    Commercial Leasing Law & Strategy, Vol. 15, No. 6
    November 2002
    [REQUEST PDF 1-6]
  • "Good Faith and the Tort of Negligent Negotiation"
    by Francine Baker-Sigal
    for Lorman Education Services
    June 21, 2000
    [REQUEST PDF 1-11]
  • "Options To Renew: Tips For Tenants"
    by Jeanne Banka
    Shopping Centre Newsletter, Vol. 20, No. 2
    February 2000
    [REQUEST PDF 1-4]

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2. Agreements to Lease, Letters of Intent & Preliminary Documentation

  • "Agreements, Offers, Letters of Intent and Other Forms of Commitment"
    by Jeanne Banka
    for Lorman Education Services - Commercial Landlord and Tenant Law in Ontario
    June 21, 2000
    [REQUEST PDF 2-7]
  • "Negotiating the Commercial Lease - Letter of Intent/Offers to Lease/Proposals"
    by Natalie Vukovich
    Osgoode Hall Law School of York University - Professional Development Programme
    Toronto, Ontario
    September 13-14, 2001
    [REQUEST PDF 2-6]

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3. Use Restrictions, Exclusives & Operating Covenants

  • "The Exclusive Use Clause - Use It or Lose It"
    by Joanna Board
    Shopping Centre Newsletter, Vol. 23, No. 5
    May 2003
    [REQUEST PDF 3-8]
  • "Keeping Your Merchandise Mix Under Control"
    by Natalie Vukovich
    Shopping Centre Newsletter, Vol. 23, No. 2
    February 2003
    [REQUEST PDF 3-7]
  • "A Few Operating Issues: Relocation and Go Dark Rights"
    by Deborah Watkins and Joseph Grignano
    The Law Society of Upper Canada, "Casting the Net Commercial Lease"
    June 22, 2001
    [REQUEST PDF 3-6]
  • "Securing the Hook: Use, Exclusives and Operating Issues"
    by Dawn Michaeloff
    The Law Society of Upper Canada, Continuing Legal Education
    June 22, 2001
    [REQUEST PDF 3-5]
  • "Use Restrictions in Commercial Leases"
    by J.E. Dennis Daoust
    February 7, 1999
    [REQUEST PDF 3-4]
  • "Exclusive Predicaments"
    by J.E. Dennis Daoust
    Shopping Centre Newsletter, Vol. 16, No. 11
    November 1996
    [REQUEST PDF 3-11]
  • "Use(less) Clauses"
    by J.E. Dennis Daoust
    Shopping Centre Newsletter, Vol. 16, No. 8
    August 1996
    [REQUEST PDF 3-10]

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4. Financial Matters, Taxes & Operating Costs

  • "Ontario Real Property Taxes and Commercial Lease Clauses"
    by J.E. Dennis Daoust and Natalie Vukovich
    for Redcliff Seminar
    April 14, 2003
    [REQUEST PDF 4-12]
  • "System Two: Rent and Rent Recovery"
    by Wolfgang Kaufmann and Ken Beallor
    Lexpert Seminar - Fundamentals of Commercial Leasing
    December 8, 2000
    [REQUEST PDF 4-9]
  • "The Latest Word on the Law Affecting Controversial Rent Recoveries"
    by J.E. Dennis Daoust and Ken Beallor
    Lexpert Seminar - Fundamentals of Commercial Leasing & The Annual Commercial Leasing Institute
    November 23-24, 2000
    [REQUEST PDF 4-8]
  • "Ontario Real Property Taxes and Commercial Lease Clauses"
    by J.E. Dennis Daoust and Natalie Vukovich
    for Lorman Education Services
    June 21, 2000
    [REQUEST PDF 4-7]
  • "The Latest Word on the Law Affecting Controversial Rent Recoveries"
    by J.E. Dennis Daoust and Ken Beallor
    for Lorman Education Services
    June 21, 2000
    [REQUEST PDF 4-6]

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5. Lease Transfers (Assignment, Subletting)

  • "Mass Transfers and Tenant Chain Sales: Advice for Landlords"
    by Jeanne Banka
    Commercial Leasing Law & Strategy, Vol. 17, No. 12
    May 2005
    [REQUEST PDF 5-10]
  • "The Change of Control Clause, Drafting Considerations"
    by Dawn Michaeloff
    ICSC Canadian Shopping Centre Law Conference, Toronto
    March 7, 2003
    [REQUEST PDF 5-6]
  • "Subletting - Tricks and Traps"
    by Natalie Vukovich for a book by Harvey Haber, entitled "Assignment, Subletting and Change of Control in a Commercial Lease: A Practical Guide"
    Harvey M. Haber, Q.C., LSM (editor). B Aurora, Ont.: Canada Law Book, 2002
    [REQUEST PDF 5-5]
  • "The Impact of the Use Clause on an Assignment, Subletting or Change of Control in a Commercial Lease"
    by Dawn Michaeloff (formerly of TD Investment Real Estate) for a book by Harvey Haber, entitled "Assignment, Subletting and Change of Control in a Commercial Lease: A Practical Guide"
    Harvey M. Haber, Q.C., LSM (editor). B Aurora, Ont.: Canada Law Book, 2002
    [REQUEST PDF 5-9]
  • "When A Sublease Is Really An Assignment"
    by J.E. Dennis Daoust
    Shopping Centre Newsletter, Vol. 21, No. 11
    November 2001
    [REQUEST PDF 5-7]
  • "Surrendering and Terminating Subleases: How to Avoid the Potholes"
    by Natalie Vukovich
    The Law Society of Upper Canada - Return of the Six-Minute Commercial Leasing Lawyer
    September 22, 2000
    [REQUEST PDF 5-4]

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6. Litigation, Arbitration & Alternate Dispute Resolution

  • "The New Limitations Act: It's About Time"
    by Joanna Board
    ICSC Shopping Center Legal Update, Vol. 23, Issue 3
    Fall/Winter 2003
    [REQUEST PDF 6-9]
  • "Have You Waved (Waived) Your Rights Goodbye?"
    by Wolfgang Kaufmann
    DVBB News Release
    January 14, 2003
    [REQUEST PDF 6-7]
  • "When Can A Tenant Withhold Rent?"
    by Wolfgang Kaufmann
    Shopping Centre Newsletter, Vol. 22. No. 8
    August 2002
    [REQUEST PDF 6-6]
  • "Reeling Them In: What To Do When There Is A Default"
    by Wolfgang Kaufmann
  • Law Society of Upper Canada, "Casting the Net Commercial Lease"
    June 22, 2001
    [REQUEST PDF 6-8]
  • "Dealing With Rent Disputes"
    by Wolfgang Kaufmann
    for Lorman Education Services
    June 21, 2000
    [REQUEST PDF 6-5]
  • "Curing or Killing the Sick Real Estate Deal: Litigation and Real Estate Strategies"
    by J.E. Dennis Daoust with Wolfgang Kaufmann & Eric K. Gillespie
    Canadian Bar Association (Ontario)
    April 22, 1999
    [REQUEST PDF 6-4]

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7. Landlord & Tenant Remedies/Waiver of Default

  • "Strategies For No-Grief Rent Relief"
    by Jeanne Banka
    Commercial Leasing Law & Strategy, Vol. 15, No. 12
    May 2003
    [REQUEST PDF 7-2]
  • "Pitfalls In Enforcing Remedies"
    by Wolfgang Kaufmann
    Ontario Bar Association - "Leasing Lawyers: Avoiding Hot Water In A Cold Economy"
    June 6, 2002
    [REQUEST PDF 7-15]
  • "Fundamental Breach - Adding to the Tenant's Arsenal"
    by Francine Baker-Sigal and Joseph Grignano
    ICSC Shopping Center Legal Update, Vol. 20, Issue 3
    Winter 2000
    [REQUEST PDF 7-12]
  • "System Five: Default and Cure"
    by J.E. Dennis Daoust
    Lexpert Seminar
    December 7-8, 2000
    [REQUEST PDF 7-11]
  • "Co-Tenancy Rights on Eatons' Departure: Landlords, Are You Ready For September 1, 2000?"
    by Joe Grignano and Natalie Vukovich
    Shopping Centre Newsletter, Vol. 20, No. 5
    May 2000
    [REQUEST PDF 7-10]
  • "Default Remedies"
    by Wolfgang Kaufmann
    ICSC
    March 2000
    [REQUEST PDF 7-17]
  • "Fundamental Breach of a Commercial Lease"
    by Natalie Vukovich
    Shopping Centre Newsletter, Vol. 19, No. 11
    November 1999
    [REQUEST PDF 7-16]
  • "Implied Waiver by Landlord - An Unexpected Result"
    by Jeanne Banka with Francine Baker-Sigal
    ICSC Shopping Center Legal Update, Vol. 19, Issue 1
    Spring 1999
    [REQUEST PDF 7-8]
  • "Distress - Red Flags and Red Tape"
    by J.E. Dennis Daoust
    Canadian Bar Association (Ontario), The Abstract Page, Real Property Section Newsletter
    March 5, 1999
    [REQUEST PDF 7-6]

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8. Security Interests, Bankruptcy & Mortgagees in Possession

  • "No Man's Land - Interim Receiverships of Insolvent Retailers"
    by Natalie Vukovich
    Shopping Centre Newsletter, Vol. 22, No. 5
    May 2002
    [REQUEST PDF 8-6]
  • "Underdogs Rule"
    by Natalie Vukovich
    Shopping Centre Newsletter, Vol. 21, No. 5
    May 2001
    [REQUEST PDF 8-7]
  • "Help - My Tenant Notified Me That It Is Granting A Security Interest- What Do I Do? It Wants Me To Consent Too - What Do I Do?"
    by Natalie Vukovich
    International Council of Shopping Centers' Canadian Law Conference
    March 26-27, 1999
    [REQUEST PDF 8-5]

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9. Insurance

  • "Subrogation, Releases and Indemnities"
    by Dawn Michaeloff
    ICSC Canadian Shopping Centre Law Conference, Toronto
    March 4, 2004
    [REQUEST PDF 9-19]
  • "Insurance For Commercial Building Tenants"
    by J.E. Dennis Daoust
    September 2002
    [REQUEST PDF 9-17]
  • "System Four: Construction and Risk Management"
    by J.E. Dennis Daoust and Natalie Vukovich
    Lexpert Seminar - The Annual Commercial Leasing Institute
    November 23-24, 2000 (Toronto) and December 7-8, 2000 (Vancouver)
    [REQUEST PDF 9-16]
  • "Hot Points" - Insurance Clauses Found in a Commercial Lease"
    by Natalie Vukovich
    ICSC
    January/February, 2000
    [REQUEST PDF 9-15]
  • "Revisiting Risk and Insurance Leasing Issues"
    by Natalie Vukovich
    Law Society of Upper Canada, The Six Minute Commercial Leasing Lawyer Returns
    June 10, 1999
    [REQUEST PDF 9-14]
  • "Releases and Indemnities (Shields and Swords)"
    by J.E. Dennis Daoust
    International Council of Shopping Centers' Canadian Law Conference
    March 26-27, 1998
    [REQUEST PDF 9-13]
  • "Understanding Insurance for Shopping Centre Tenants"
    by J.E. Dennis Daoust
    Shopping Centre Newsletter, Vol. 10, No. 16
    October 15, 1990
    [REQUEST PDF 9-2]

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10. Telecommunications

  • "Landlords, Tenants And Technology"
    by J.E. Dennis Daoust
    Real Estate and Technology - Federated Press
    April 17-18, 2002
    [REQUEST PDF 10-5]
  • "Technology and Tenants: The Flexibility Imperative, and The Fifth Dimension"
    by J.E. Dennis Daoust
    *Canadian Shopping Centre Law Conference
    Delta Chelsea Inn, Toronto
    March 1-2, 2001
    *BOMEX 2000 - Building Owners and Managers Association
    National Conference, Metro Toronto Convention Centre
    November 28, 29 and 30 and December 1, 2000
    *Lexpert Seminar - The Annual Commercial Leasing Institute, Toronto
    November 23-24, 2000
    [REQUEST PDF 10-4]
  • "Telecommunications"
    by J.E. Dennis Daoust
    *Canadian Shopping Centre Law Conference
    Delta Chelsea Inn, Toronto
    March 1-2, 2001
    *BOMEX 2000 - Building Owners and Managers Association
    National Conference, Metro Toronto Convention Centre
    November 28, 29 and 30 and December 1, 2000
    *Lexpert Seminar - The Annual Commercial Leasing Institute, Toronto
    November 23-24, 2000
    [REQUEST PDF 10-3]
  • "A Closer Look at the New Opportunities and Challenges of Communication and Other Service Access Agreements"
    by J.E. Dennis Daoust
    ICSC Shopping Center Legal Update, Vol. 20, Issue 2
    Summer 2000
    [REQUEST PDF 10-6]
  • "Telecommunication License Agreements in Multi-Unit Commercial Buildings"
    by J.E. Dennis Daoust
    Law Society of Upper Canada
    February-March, 2000
    [REQUEST PDF 10-2]
  • "New Opportunities and Challenges: Communication and Other Service Access Agreements"
    J.E. Dennis Daoust
    Commercial Leasing
    February 2000
    [REQUEST PDF 10-1]

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11. Miscellaneous

  • "Not Every Transfer Triggers A Tenant's Right Of First Refusal To Purchase"
    by Natalie Vukovich
    Shopping Centre Legal Update, Vol. 25, Issue 1
    Spring 2005
    [REQUEST PDF 11-30]
  • "Secondary Covenants Security Tenants' Performance of Lease Obligations in Canada"
    by Natalie Vukovich
    Shopping Centre Legal Update, Vol. 24, Issue 1
    Spring 2004
    [REQUEST PDF 11-28]
  • "The Importance of Title Searches"
    by Joseph Grignano and Joanna Board
    Shopping Centre Newsletter
    November 2003
    [REQUEST PDF 11-27]
  • "Relocation"
    by Jeanne Banka
    April 14, 2003
    [REQUEST PDF 11-23]
  • "Letters of Credit as Security for Tenants' Performance of Lease Obligations in Common Law Provinces of Canada"
    by Natalie Vukovich
    ICSC Shopping Center Legal Update, Vol. 23, Issue 1
    Spring 2003
    [REQUEST PDF 11-24]
  • "Letters of Credit - Do They Work or Not?"
    by Natalie Vukovich
    Shopping Centre Newsletter, Vol. 23, No. 2
    February 2003
    [REQUEST PDF 11-25]
  • "Environmental Issues and Clauses For Commercial Leases - New Concerns - Toxic Mould"
    by J.E. Dennis Daoust
    Law Society of Upper Canada, "The Six Minute Real Estate Lawyer 2002"
    November 27, 2002
    [REQUEST PDF 11-17]
  • "They're Picketing My Property! What Can I Do?"
    by Wolfgang Kaufman and Ranney Hinsta
    DVBB ReLease
    October 4, 2002
    [REQUEST PDF 11-19]
  • "Letters of Credit as Security for Tenants' Performance of Lease Obligations"
    by Natalie Vukovich
    TCREW Meeting
    May 29, 2002
    [REQUEST PDF 11-26]
  • "Perpetuities and Leases"
    by J.E. Dennis Daoust
    Return of the Six Minute Real Estate Lawyer
    November 28, 2000
    [REQUEST PDF 11-13]
  • "Quicksand Alert - Landlord and Tenant Laws That Affect Day-to-day Commercial Leasing Matters In Unforeseen Ways"
    by Ken Beallor and Natalie Vukovich
    Lexpert Seminar - Fundamentals of Commercial Leasing & The Annual Commercial Leasing Institute
    November 23-24, 2000
    [REQUEST PDF 11-12]
  • "Electronic Commerce Act, 2000"
    by Natalie Vukovich and Joseph Grignano
    Lexpert Seminar - Fundamentals of Commercial Leasing & The Annual Commercial Leasing Institute
    November 23-24, 2000
    [REQUEST PDF 11-11]
  • "Options and Rights of First Refusal in Real Estate Transactions Leasehold Issues"
    by J.E. Dennis Daoust
    Canadian Bar Association - Ontario
    June 8, 2000
    [REQUEST PDF 11-10]
  • "Strange But True Tenancy Laws - A Dilettante's Nightmare"
    by J.E. Dennis Daoust
    Shopping Centre Newsletter, Vol. 19, No. 8
    August 1, 1999
    [REQUEST PDF 11-9]

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News Releases