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By Brian Parker, Partner at Daoust Vukovich[1] This paper accompanies a workshop of the same name, held on Thursday, May 1, 2025, at the ICSC+ Canadian Law Conference in Toronto, Ontario. Clic...
It is commonplace that commercial tenants are expected to deliver signed estoppel certificates in connection with any sale or financing transaction involving property they lease. Sometimes referred to as status statements, or tenant acknowledgements, estoppel certificates are intended to be statements of fact about the key terms of a lease, up which the party requesting that information may rely.
Read the full article Estoppel Certificates - Broad Shields and Legal Minefields
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.
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