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The Canada Emergency Rent Subsidy

Tuesday, Oct 27, 2020

The federal government announced (on October 9, 2020) a new rent relief program for businesses that continue to be affected by the COVID-19 pandemic. The long-awaited program is called the Canada Emergency Rent Subsidy (CERS). The announcement came slightly more than a week after the Canada Emergency Commercial Rent Assistance (CECRA) relief period ended (on September 30, 2020)...

Ontario's New Helping Tenants and Small Businesses Act, 2020

Wednesday, Sep 30, 2020

With the expiration of Ontario’s Protecting Small Business Act, 2020 (the “PSBA”) on September 1, 2020, and the federal government’s September 17th announcement that the Canada Emergency Commercial Rent Assistance (“CECRA”) program was extended for the month of September, the government of Ontario tabled the Helping Tenants and Small Businesses Act, 2020 (the “HTSBA”). In this News ReLease we provide an update on the CECRA program, an overview of the HTSBA and outline the tenancies to which it applies...

Getting Around the Principle of Immunity

Tuesday, Sep 08, 2020

We think it is time to return to our regularly scheduled programming and write about Lease Law, without everything having to be COVID related all the time. Years ago (in 1975 and 1977), the Supreme Court of Canada ruled that a tenant could rely on its landlord’s insurance policy in certain circumstances. Many a lawyer has tried to help their landlord clients to “contract out” of the law laid down by those cases, often referred to as the “Trilogy”. The wording necessary to avoid the legal principle (called the “principle of immunity”) was not clear. However, the recent Ontario Court of Appeal decision, Royal Host Limited Partnership (General partner of) v. 1842259 Ontario Ltd. clarified how to contract out of the principle of immunity – a relief to long-baffled landlords...

Bankruptcy Trustee Successfully Asserts Extension of Subsection 38(2) Commercial Tenancies Act Rights After Landlord Argues Lease was Surrendered

Wednesday, Aug 19, 2020

The Ontario Superior Court recently granted a bankruptcy trustee access to a premises and the right to assign a lease, despite the landlord’s claim that the same trustee, acting as receiver, had previously surrendered the lease to the landlord. Further, the Court extended the trustee’s time period within which to exercise those rights...

CECRA Update - Application Portal is Open

Monday, Jun 01, 2020

The application portal for Canada Emergency Commercial Rent Assistance (CECRA) program is finally open. Property owners were asked to register for their CECRA accounts according to a specific schedule last week, but, as of last Friday, all property owners are free to register. In this News ReLease we discuss the application process, what is needed to apply and more recent changes to CECRA...

CECRA UPDATE

Thursday, May 21, 2020

On both May 19 and May 20, CMHC released further updates to the CECRA program. A link to the information page is here: https://www.cmhc-schl.gc.ca/en/finance-and-investing/covid19-cecra-small-business...

Pandemic Updates - Commercial Landlords and Tenants

Tuesday, May 19, 2020

Early last week, our News ReLease outlined the Canada Emergency Commercial Rent Assistance (CECRA) Program, which is a federal rent assistance program, to be administered by the Canada Mortgage and Housing Corporation (CMHC). Soon (later in May), many landlords and small business tenants across Canada will be able to avail themselves of this program. Late last week, CMHC updated some of the details of CECRA. In this News ReLease we report on the new changes to the CECRA program and take a look at questions that remain unanswered...

The Canada Emergency Rent Assistance Program

Monday, May 11, 2020

In April, Prime Minister Trudeau announced the Canadian Emergency Commercial Rent Assistance (CECRA) program – a joint venture between the fe...

COVID-19 Update: Ontario Construction

Tuesday, Apr 14, 2020

Last week, our News ReLease concerned Force Majeure/Unavoidable Delay. As an extra tidbit, we closed the publication with a short paragraph about l...

“Force Majeure” and the Doctrine of Frustration – Theory v. Reality

Wednesday, Apr 08, 2020

Since the World Health Organization declared COVID-19 a pandemic on March 11, 2020, countless businesses have closed to comply with governmental re...

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