skip to main content
Back to Top

Bankruptcy Trustee Successfully Asserts Extension of Subsection 38(2) Commercial Tenancies Act Rights After Landlord Argues Lease was Surrendered

Aug 19, 2020

The Ontario Superior Court recently granted a bankruptcy trustee access to a premises and the right to assign a lease, despite the landlord’s claim that the same trustee, acting as receiver, had previously surrendered the lease to the landlord. Further, the Court extended the trustee’s time period within which to exercise those rights.

 Read the full article here: Bankruptcy Trustee - Extension of Subsection 38(2) of CTA

Recent News

Apr 22, 2026

Is the “Department Store” Extinct or Just Elusive?

The insolvency and closure of Hudson’s Bay Company (“HBC”) follows the shuttering of several other Canadian department stores. Th...

Mar 26, 2026

Careful What You DON’T Say

Negotiating a contract (including a lease) is done against the backdrop of the common law and applicable legislation. Parties to a negotiation expe...

Feb 06, 2026

“Time is of the Essence” – exercise caution!

Many contracts (including leases and offers to lease) contain a common “boilerplate” clause that simply states “time is of the es...