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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...
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
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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