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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...
An indemnity provision can be found in almost any standard form commercial lease. It typically states that one party to the lease will "indemnify and hold harmless" the other party from a laundry list of risks including damages, claims, expenses and more. Although these provisions are fairly standard, it is not uncommon for a party to dig in its heels during lease negotiations and refuse to indemnify. This begs the questions, if indemnities are standard terms, what is there to be concerned about?
Read the full article here: To Indemnify or Not What is the Big Deal
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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