Commercial Real Estate Law
Articles, News & Events

news from Daoust Vukovich LLPWe are pleased to provide our most recent news releases and articles for your information. Our clients count on us to stay ahead of new developments in the law and their impact on business. We constantly research, advise and write about all aspects of the law relating to commercial leasing.

Our commercial real estate law firm contributes regularly to the International Council of Shopping Centre Annual Canadian Law Conferences, Canadian Bar Association (Ontario) programmes, The Shopping Centre Newsletter, Law Society of Upper Canada courses, and continuing education services such as Insight Legal Education Service Programmes.

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News Article

Commercial Property Market – A Tale of Two Regions

The economic downturn has impacted commercial real estate landlords and tenants throughout Ontario. As opposed to merely terminating defaulting tenants, landlords have been looking to various other options available to them in dealing with tenants whose businesses have been faltering. Read the complete article here.

 

News Letters

Gold in the Sunshine on Your Roof –Solar Facility Rooftop Leases
Concern over greenhouse gas emissions (GHGs) has produced a new phenomenon – leases of rooftop space for the installation and operation of solar power facilities.

Last May Ontario passed the Green Energy Act. One of its main objectives was to establish a feed-in tariff program (a"FIT" Program) whereby the Ontario Power Authority (the"OPA") committed to purchase, at very favourable rates, all of the green energy produced in the Province. In response to this incentive, owners of buildings are likely to be approached by solar power companies wishing to lease rooftop space to install and operate green energy systems.

Once an application is approved by the OPA, the applicant must sign a power purchase contract with the OPA for a term of 20 years. An important component of that contract is the transfer to the OPA of all of the environmental attributes associated with the project. As a consequence, any carbon credits and renewable energy credits belong to the OPA and not to the solar power company or the landlord of the property on which the solar power facility is installed. Read the complete article here.

Ontario Update: Preparing for the Harmonized Sales Tax
In March 2009, the Ontario government announced that it would be harmonizing its PST with the federal GST in order to create a single consumption tax of 13% effective July 1, 2010 (“Harmonized Sales Tax” or “HST”). Other provinces have previously implemented a similar regime or are about to follow suit. The change brings with it the need for both landlords and tenants to understand and plan. From a leasing perspective, that includes ensuring that their leases adequately address the new system.
Read the complete article here.

July 28th 2009 - Realty Taxes: What To Do When The Assessor Drops The Ball
The process of apportioning realty taxes changed on January 1, 1998, when business taxes ceased to be imposed. Since that time there has been no need for individual assessments for specific rental units. This poses a challenge to landlords and tenants in net leases because the apportionment of real property taxes to individual units is more difficult.
Read the complete article here.
  


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Featured Publication

Insurance & Risk Management Commercial Leasing

No publication to date has been devoted to insurance and risk management in the context of commercial leasing. These concepts are highly technical and often misunderstood.
Finally, that book has arrived Insurance and Risk Management in Commercial Leasing is the first comprehensive, yet easy-to-understand guide that explains these matters and addresses the interrelationship between the insurance, release, indemnity, repair and damage and destruction provisions of a commercial lease.
>>To find out more and download order form please click here.


Events

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