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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...
In an earlier News ReLease, titled “Security Deposit Insecurity,” we discussed the benefits to commercial landlords of letters of credit in preference to security deposits, advance rent, guarantees, and indemnity agreements. In a follow-up News ReLease, titled “The ABC’s of a Letter of Credit,” we elaborated on the nature of letters of credit and discussed certain features a landlord will want the letter to contain. This News ReLease completes the discussion, addressing tenants’ legitimate concerns that their landlord not obtain the funds held under the letter of credit unless they are actually entitled to them under the lease.
Read the full articleLetters of Credit (Part III) Controlling a Landlord's Right to Draw on the Letter
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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