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We are living in extraordinary times. While the outbreak of COVID-19 has been a demanding presence, we have also seen new and necessary attention to anti-Black racism and the barriers faced by Blac...
We think it is time to return to our regularly scheduled programming and write about Lease Law, without everything having to be COVID related all the time.
Years ago (in 1975 and 1977), the Supreme Court of Canada ruled that a tenant could rely on its landlord’s insurance policy in certain circumstances. Many a lawyer has tried to help their landlord clients to “contract out” of the law laid down by those cases, often referred to as the “Trilogy”. The wording necessary to avoid the legal principle (called the “principle of immunity”) was not clear. However, the recent Ontario Court of Appeal decision, Royal Host Limited Partnership (General partner of) v. 1842259 Ontario Ltd. clarified how to contract out of the principle of immunity – a relief to long-baffled landlords.
Read the full article here: Getting Around the Principle of Immunity
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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