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Click here to view the PDF version of these materials. Careful consideration is owed to how a tenant’s removal and restoration obligations are expressed under a lease. The sco...
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
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...
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