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Daoust Vukovich is pleased to announce recognition of seven lawyers selected in the 2024 Canadian Legal Lexpert Directory, highlighting their expertise and leadership in the Commercial Leasing...
Under a typical net commercial lease, a landlord charges its tenant certain sums of additional rent based on estimates of the actual amounts, with the provisional payments being reconciled after a fiscal period ends and the actual amounts are verified. Some tenants get annoyed by landlords who seem to “never” get around to reconciling. Some landlords are vexed by delays they experience in settling, for example, an anchor tenant’s contribution before being able to finalize the amount the non-anchor tenants will be charged, or in finalizing a realty tax appeal or other financial exercise that inherently delays year-end adjustments.
Read the full article: Time Waits for No Landlord
The 1971 landmark Supreme Court of Canada decision in Highway Properties Ltd. v. Kelly, Douglas and Co. Ltd., transformed the commercial leasing landscape by adding a fourth option of relief provided to landlords. Prior to this, landlords had three options available: do nothing and demand payment when due, terminate the tenancy and elect to pursue a claim for arrears, or re-enter the premises and re-let on the tenant's behalf. In this decision, a fourth option was introduced, affording landlords the option to terminate the lease and pursue a claim for both arrears and damages. The decision affirms that commercial leases, similar to a contract, ought to be recognized and treated as such, which affords landlords the full remedies under both contract and conveyance laws. However, a recent claim was brought before the courts, where a tenant challenged the decision in Highway Properties, requesting the previous decision be overturned.
On June 27, 2023, the Bureau released the Competition Bureau Retail Grocery Market Study Report aptly named “Canada Needs More Grocery Competition”. This report contained recommendations to the government, including that the Tribunal take measures to limit exclusive use covenants (referred to in the Bureau’s report as “property controls”) in the grocery industry.
The Ontario Superior Court of Justice recently confirmed some well-settled law: if a landlord chooses to keep the lease alive despite the tenant's default, it need not make efforts to mitigate its losses.
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