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This paper was authored by Brian Parker and Dylan Armstrong and accompanies a presentation of the same name given by Brian Parker on February 26, 2025, at the Eight-Minute Commercial Le...
The insolvency and closure of Hudson’s Bay Company (“HBC”) follows the shuttering of several other Canadian department stores. Th...
Negotiating a contract (including a lease) is done against the backdrop of the common law and applicable legislation. Parties to a negotiation expe...
Many contracts (including leases and offers to lease) contain a common “boilerplate” clause that simply states “time is of the es...
On March 7, 2025, Hudson’s Bay Company (“HBC”), Canada’s oldest corporation and storied department store, commenced credito...
In a prior News ReLease (Are Exclusive Covenants About to Become Extinct?, from November 29, 2023), we discussed the Competition Bureau’s Ret...
The insolvency of the Hudson’s Bay Company (“HBC”), Canada’s oldest corporation and iconic department store, is the most re...
In our February 8, 2024, News ReLease, we reported on The Canada Life Assurance Company et al. v Aphria Inc. (“Aphria”). In that case, the tenant wanted out of its lease and purported to “repudiate”, in an attempt to force the landlord to take the (office) space to market. The landlord took the position that it had no obligation to accept the tenant’s repudiation or look for a replacement tenant, and that the tenant was required to pay rent over the balance of the term.
In our November 29, 2023 News ReLease entitled, ‘Are Exclusive Covenants About to Become Extinct?’, we reported on changes to the federal Competition Act (‘Act’). On December 15, 2024, any agreement in Canada that ‘lessens competition’ may be subject to an order under the Act. Since exclusive use clauses and restrictive covenants may lessen competition, landlords, tenants and property owners agreeing to such terms are exposed to sanction. The Competition Bureau recently published guidelines (‘Guidelines’) outlining its preliminary enforcement approach to what it dubs ‘anti-competitive controls on the use of commercial real estate’. The Guidelines declare that they are intended to help businesses comply with the new law; unfortunately, the Guidelines raise more questions than they answer...
You may have recently read headlines about an interesting development in Canada’s largest commercial real estate market. Last week, a group p...
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?”.
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