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This paper was authored by Brian Parker and Dylan Armstrong and accompanies a presentation of the same name given by Brian Parker on February 26, 2025, at the Eight-Minute Commercial Le...
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
The insolvency and closure of Hudson’s Bay Company (“HBC”) follows the shuttering of several other Canadian department stores. Th...
Negotiating a contract (including a lease) is done against the backdrop of the common law and applicable legislation. Parties to a negotiation expe...
Many contracts (including leases and offers to lease) contain a common “boilerplate” clause that simply states “time is of the es...
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