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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...
The Forfeited Corporate Property Act (FCPA) came into force on December 10, 2016. Its enactment entails a shift in the process for dealing with the remaining property of corporations that have been dissolved.
The FCPA also amends the Business Corporations Act (Ontario) (OBCA), which is the main piece of Ontario legislation governing the incorporation, operation and dissolution of Ontario corporations. Similar amendments have been introduced through the FCPA to the Ontario Corporations Act and Not-for-Profit Corporations Act. These FCPA amendments impose new record-keeping requirements on Ontario corporations with respect to their ownership interests in real property. It appears the purpose of the amendments is to make it easier for the provincial government to locate real property owned by Ontario corporations where the property has reverted to the Crown.
Read the full article: Forfeited Corporate Property Act - Do you have a real estate register
When dealing with limitation periods, once it is determined whether the 2-year or 6-year period applies, it’s critical that the parties turn their mind to the question of: “starting when?”.
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.
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