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LAWYERED is a bi-weekly, independent podcast series that takes a critical look at current Canadian legal issues. Each episode features a conversation with a different legal professional who w...
Since the World Health Organization declared COVID-19 a pandemic on March 11, 2020, countless businesses have closed to comply with governmental restrictions. Leases are still in place, commercial properties are still operating (at low to zero occupancy), but landlords and tenants are scrambling to survive the “temporary apocalypse”. Some tenants have declared they cannot pay rent, some landlords have offered or accepted rent deferrals, and courts across the country are only welcoming litigants with significant disputes requiring urgent attention. It’s not very likely that bickering landlords and tenants will make it onto a hearing list.
Read the full article here: Force Majeure and Doctrine of Frustration
On November 2, 2020, Finance Minister Chrystia Freeland introduced the legislation that will implement the Canada Emergency Rent Subsidy (“CERS”). The new bill, called Bill C-9, An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy), has recently passed its third reading in the House of Commons and should receive royal assent and become law soon. On November 5, 2020, Ottawa released two technical backgrounders describing the CERS and what has been termed “Lockdown Support” (being the additional subsidy available to businesses significantly affected by public health orders). While the CERS is still not yet available (and there is no indication as to when it will be), by introducing Bill C-9 into Parliament and releasing the initial technical backgrounders, the government has provided a glimmer of hope that relief will soon be accessible (for those that are eligible). This News ReLease provides an update on what is known to date...
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)...
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...
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