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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....

New CCDC-2 (2020) - Less Is Not Necessarily More

Tuesday, Apr 27, 2021

The rules of engagement for construction projects are in a state of flux. As we reported in earlier News ReLeases, the construction legislation in ...

Expanding Bhasin - Acting Honestly Includes Correcting False Impressions

Friday, Mar 26, 2021

In 2014, the Supreme Court of Canada’s (the “SCC”) landmark ruling in Bhasin v Hrynew recognized a duty of honest contractual per...

FAQs About Restructuring

Monday, Mar 01, 2021

With the pandemic continuing to impact the economy, the “B” word is on the minds of many people. We thought it was a good time for a brief run down of some of the questions that we are asked most frequently about bankruptcy and insolvency...

Someone Slipped…Who Takes the Fall? The Occupiers’ Liability Amendment Act

Wednesday, Jan 20, 2021

The Occupiers’ Liability Act (Ontario) (the “OLA”) has recently been amended by the Occupiers’ Liability Amendment Act (the “OLAA”), which came into force on December 8, 2020. The OLAA brings a sigh of relief to landlords and tenants who may be liable as “occupiers” under the OLA...

Ontario’s Moratorium on Commercial Evictions: The Saga Continues

Thursday, Jan 14, 2021

The end date of the CECRA Tenant Non-Enforcement Period was left blank, to be completed by a future regulation. There was another important blank: Schedule 5 of the Act states that it applies to tenancies that satisfy the “prescribed criteria”. This opened the door to expanding the group of tenants to which the Act applies...

Ontario Extends Moratorium on Evictions: Where Do Landlords Stand?

Friday, Dec 18, 2020

On December 8, 2020, the Ontario legislature passed Bill 229 under the name “Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020” (the “Act”). Schedule 5 of the Act prohibits landlords who were (or would have been) eligible to (or did) receive assistance under the Canada Emergency Commercial Rent Assistance programme (“CECRA”), from evicting or distraining against the goods of CECRA-eligible tenants for the period beginning October 31, 2020 and ending on an unspecified future date (the “Non-Enforcement Period”)...

Giving Credit Where it is Due

Friday, Nov 27, 2020

For several years, it has been widely believed that letters of credit are an excellent form of security for landlords, providing a straight route to cash in the event of a tenant default, irrespective of the tenant’s bankruptcy. This belief, however, was supported by a disparate body of conflicting case law…until now. In 7636156 Canada Inc. (Re), the Ontario Court of Appeal laid any lingering concerns to rest, by confirming the enduring nature of letters of credit in a clear and authoritative decision...

The Canada Emergency Rent Subsidy: An Update

Wednesday, Nov 11, 2020

On November 2, 2020, Finance Minister Chrystia Freeland introduced the legislation that will implement the Canada Emergency Rent Subsidy (“CERS”). The new bill, called Bill C-9, An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy), has recently passed its third reading in the House of Commons and should receive royal assent and become law soon. On November 5, 2020, Ottawa released two technical backgrounders describing the CERS and what has been termed “Lockdown Support” (being the additional subsidy available to businesses significantly affected by public health orders). While the CERS is still not yet available (and there is no indication as to when it will be), by introducing Bill C-9 into Parliament and releasing the initial technical backgrounders, the government has provided a glimmer of hope that relief will soon be accessible (for those that are eligible). This News ReLease provides an update on what is known to date...

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