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Buyer Beware: Due Diligence in “Restructuring” Proceedings

Monday, Jun 06, 2022

In McEwan Enterprises Inc., 2021 ONSC 6878 (“McEwan”), the Ontario Superior Court considered Section 36(4) of the CCAA. This Section requires the applicant to make a good faith effort to find a buyer that is not a related party, or, where a related party becomes the buyer, to ensure that the related party puts forward the best offer.

Who “Wins” When Relief From Forfeiture is Granted?

Tuesday, May 03, 2022

It is common, after parties duke it out in court, for the winner to be “awarded costs” - the loser must pay all or a portion of the winner’s legal fees. However, in an application for relief from forfeiture, who wins and who loses is a more nuanced matter.

Silence Doesn’t Always Equal a Breach of Good Faith

Monday, Jan 10, 2022

In Callow, the SCC held that if a party to a contract remains silent while aware that it has caused its counterparty to operate under a misapprehension, that party may be liable for breach of the duty of good faith. Since then, two court rulings have taken a nuanced approach to the Callow holding.

Collecting Overhold Rent – When is it Too Late?

Friday, Dec 10, 2021

An overholding tenancy is created when a tenant remains in possession of its premises past the expiry of its term without a new agreement. Under th...

Life After CERS

Tuesday, Nov 23, 2021

After a couple of extensions, the Canada Emergency Rent Subsidy (“CERS”) program finally came to an end on October 23, 2021. The Canadi...

Rent in Arrears & Renewal Options

Friday, Sep 24, 2021

In our June 30 News ReLease titled “Withholding Rent: Gutsy or Risky?”, we considered whether a commercial tenant who was withholding r...

Anti-Black Racism and Relief from Forfeiture

Thursday, Sep 09, 2021

In June 2021, the Court of Appeal for Ontario affirmed a lower court decision taking judicial notice of anti-Black racism in a tenant’s appli...

And Now, Announcing the 2021 MVP: Mandatory Vaccination Policies!

Tuesday, Aug 24, 2021

All of a sudden, every day’s headlines contain news of MVP announcements. What about commercial landlords and tenants, can MVPs be lawfully introduced to their relationship?

Withholding Rent: Gutsy or Risky?

Wednesday, Jun 30, 2021

In the face of economic downturn, uncertainty and pandemic lockdown, tenants value liquidity. Many view their rent obligations as daunting.  W...

An Update on the CERS and a Refresher on Ontario’s Moratorium on Evictions

Friday, May 07, 2021

The Canada Emergency Rent Subsidy (“CERS”) program has been extended to continue until September 2021, but on somewhat different terms....

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