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Commercial Leasing

Daoust Vukovich LLP is recognized as a leading Canadian law firm in the field of commercial leasing and property management.

We act for landlords and tenants in preparing and negotiating routine and complex commercial leases and related documentation for retail, office and industrial premises. We provide expert legal advice on lease defaults, risk allocation, insolvency matters and the interpretation of all aspects of leases, including in relation to maintenance and repair obligations and operating cost/realty tax disputes. Developers seek out Daoust Vukovich LLP to assist in the lease-up of large-scale shopping centres and complex mixed-use commercial developments. With so many lawyers and law clerks devoted to the practice of commercial leasing, we have the bench strength to manage and complete large scale due diligence projects requiring the review and summary of commercial leases in connection with the purchase or sale of regional shopping centres, office buildings and all types of commercial properties.

Many of our lawyers and law clerks previously held in-house roles with major landlords and tenants. Commercial space users retain Daoust Vukovich LLP to practically and expeditiously pursue the finalization of their leases and lease​-related documents, assisting to achieve the best results possible within tight deadlines.  The result of deep experience, coupled with the entrepreneurial boutique law firm setting, is a successful combination of first-hand business savvy and strong skill sets.

Understanding our clients' businesses is our priority; we provide expert industry knowledge with a business-minded approach, to effectively and expeditiously achieve our clients' goals.  

OUR AREAS OF EXPERTISE:

  • Commercial Landlord & Tenant Matters
  • Retail Leasing (enclosed centres, strip plazas and free-standing buildings)
  • Office Leasing
  • Industrial Leasing
  • Ground Leases
  • Strata/Commercial Condominium, Leases
  • Lease Interpretation including advising on special rights (exclusives, terminations, area calculations), operating cost/realty tax issues, risk allocations, maintenance and repair obligations.
  • Lease Defaults, Termination and Eviction

Related Insights

Five Things Leasing Lawyers Ought to Know About the New Construction Act

Apr 08, 2021 | Article

When landlords and tenants embark on improving their property, they wade into the world of construction – an industry known by lawyers for it...

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

Jul 17, 2020 | Blawg

In a recent decision, the Ontario Superior Court not only granted a bankruptcy trustee access to a premises and the right to assign a lease, despit...

18th Annual NAIOP Greater Toronto REX Awards

Apr 24, 2019 | Blawg

Daoust Vukovich LLP was thrilled to be back again to sponsor the Office Lease of the Year Award at the 18th Annual NAIOP Greater Toronto REX Awards...

It's Always Better to Pay Under Protest Than Not Pay at All

Apr 11, 2019 | Blawg

The following scenario is common in the commercial leasing world:  A landlord delivers an invoice to a tenant for additional rent owing. ...

Cannabis in Ontario - The Landlord and Tenant Perspective

Apr 03, 2019 | Presentation

This paper served as the background to the comments of Dennis Daoust (a partner in the law firm of Daoust Vukovich LLP) presented at the P.M. Sprin...

Choosing and Retaining Construction Consultants

Mar 01, 2019 | Article

Written by Dennis Daoust and Brian Parker (ICSC Law Conference 2019) INTRODUCTION Having a good consultant for your construction project is critica...

Retirement Announcement- Alice Peralta

Mar 23, 2018 | Blawg

We wish all the best to Alice Peralta who is retiring from the firm as of April 23, 2018, after almost 20 years of service.    Alice&nbs...

BEST LAWYERS 2017

Aug 29, 2016 | Blawg

We’re delighted to announce that the following 7 lawyers from Daoust Vukovich LLP were included in the 11th Edition of The Best Lawyers in Ca...

Indepth Workshop on Permitted Assignment and Transfer Provisions

Apr 21, 2016 | Article

Written by Dennis Daoust (ICSC Canadian Law Conference), 2016 Commercial leases contain restrictions on assignment, subleasing and parting with or ...

Landlord Renovations and Redevelopments: When, if ever, do they give rise to a breach of the Landlord's covenant for Quiet Enjoyment?

Feb 18, 2016 | Article

Written by Deborah Watkins and Brian Parker (The Six-Minute Commercial Leasing Lawyer 2016) When a landlord renovates or repairs its property it mu...

I Thought My Security Blanket Would Always Cover Me! Security Deposits and Prepaid Rent

Jan 30, 2016 | Article

Written by Melissa McBain (The Six-Minute Commercial Leasing Lawyer) The strength of a tenant's financial covenant is, without a doubt, one of the ...

Security Deposits & Pre-Paid Rent: Treatment Upon Tenant's Bankruptcy In Canada

Jan 20, 2016 | Article

Written by Jamie Paquin and Brian Parker (ICSC U.S. Shopping Center Legal Update, Spring Issue 2016) Canadian landlords often require that tenants ...

You're Special and They're Special - Specialty Leasing Issues

Apr 14, 2015 | Article

Written by Deborah Watkins (ICSC Canadian Law Conference 2015) Leasing premises to a special use tenant has its advantages; as a tenant invests in ...

Don't Lien on Me! The Construction Lien Act within the context of commercial leasing

Feb 18, 2015 | Article

Written by Gasper Galati and Brian Parker (The Six-Minute Commercial Leasing Lawyer 2015) This paper addresses construction lien issues which arise...

Whose Form Is It Anyway? When Using the Tenant's Lease Form, the Points do Matter!

Feb 18, 2015 | Article

Written by Jamie Paquin (The Six-Minute Commercial Leasing Lawyer 2015) Veterans of the Canadian commercial leasing industry may remember the days ...

Do You See What I See? Most Likely Not! Visibility Covenants in Commercial Leases

Jun 05, 2014 | Article

Written by Jamie Paquin (The Behar Group Newsletter- Summer 2014 edition) In commercial leases, landlords want as much flexibility as possible to e...

Good Faith Negotiation and Performance of Lease Covenants

Feb 25, 2014 | Article

Written by Wolfgang Kaufmann and Brian Parker (The Commons Institute Commercial Leasing Essentials Live Webcast 2014) "Good faith" is a term that i...

Landlord Additional Services To Premises

Jan 30, 2014 | Article

Written by Dennis Daoust (The Six-Minute Commercial Leasing Lawyer 2014) This topic deals with the kinds of ongoing services that tenants might req...

"I Surrender!" A Practical Review of the Law of Surrenders of Leases

Jan 30, 2014 | Article

Written by Melissa McBain (The Six-Minute Commercial Leasing Lawyer 2014) This paper provides a summary of the law of surrenders (and partial surre...

Arbitration and Mediation of Commercial Lease Disputes

Dec 10, 2013 | Article

Written by Wolfgang Kaufmann and Brian Parker (16th Commercial Real Estate Leases 2013) Commercial leases often involve long-term relationships. It...

Attornment and Non-Disturbance Agreements

Sep 10, 2013 | Article

Written by Natalie Vukovich and Brian Parker (LSUC, Commercial Mortgage Transactions 2013) As a commercial leasing lawyer, dealing exclusively with...

Reasonability, Good Faith and Discretion in Commercial Leasing: A Contrast Between Canada and the United States

Jun 04, 2012 | Article

Written by Natalie Vukovich (ISCS Shopping Centre Legal Update -  Vol. 32, Issue 2) In both Canada and the United States, there is a legal doc...

Weathering the Storm: The Force Majeure Clause

Sep 29, 2011 | Blawg

Landlords and tenants want to ensure that their commercial leases provide them with rights and remedies in the event of unforeseen circumstances th...

Practice Management Issues in Commercial Leasing

Feb 16, 2011 | Article

Written by Jeanne Banka (LSUC - The Six-Minute commercial leasing lawyer 2011) The purpose of this paper is to address some practice management iss...

BOMA 2010 Office Standard and New BOMA 2010 Retail Standard

Feb 16, 2011 | Article

Written by Natalie Vukovich (The Six-Minute Commercial Leasing Lawyer 2011) Renewal rights in commercial leases are often limited by a provision st...

Operating Costs Update

Feb 03, 2010 | Article

Written by Natalie Vukovich The Law Society of Upper Canada - Six-Minute Commercial Leasing Lawyer Are capital expenditures properly recoverable as...

Practical Guide to Drafting an Effective Commercial Lease: Utilizing and Protecting Your commercial Property - Types of Commercial Leases

Jan 28, 2010 | Article

Written by Dennis Daoust (The Canadian Institute, Pre-Conference Workshop) This paper describes the broad categories of commercial lease. By way of...

Leasehold Covenants

Dec 08, 2009 | Article

Written by Natalie Vukovich (Ontario Bar Association - Covenants Concerning the Use of the Land) As noted by all previous speakers at this seminar,...

How to Structure and Draft Self-Insurance Provisions

Feb 11, 2009 | Article

Written by Natalie Vukovich (LSUC- Six-Minute Commercial Leasing Lawyer) A typical commercial net lease requires the tenant to maintain (1) propert...

The Law of Surrenders of Leases

May 13, 2008 | Article

Written by Natalie Vukovich (Shopping Centre Legal Update, Vol. 28, Issue 1) A surrender of a lease is the yielding or delivery up of a real proper...

Covenants The Run With The Land- Does The Option To Renew Run With The Land?

Feb 21, 2007 | Article

Written by Natalie Vukovich (The Six-Minute Commercial Leasing Lawyer 2007) In a lease, landlords and tenants make various covenants in each other'...

PPSA- Distress and Landlord Waivers

Nov 06, 2006 | Article

Written by Natalie Vukovich (LSUC Conference- PPSA for Real Estate Lawyers) Most commercial businesses, including those that are operated from leas...

Not Every Transfer Triggers a Tenant's Right of First Refusal to Purchase

Apr 07, 2005 | Article

Written by Natalie Vukovich (Shopping Centre Legal Update, Vol. 25, Issue 1) A right of first refusal ("ROFR") is an important inducement and a va...

Negotiating a "Net Net" Lease from the Tenant's Perspective

Apr 21, 2004 | Article

Written by Natalie Vukovich (LSUC, Continuing Legal Education-The Real Estate Law Summit 2004) The following is a sample checklist of items to be c...

Strategies for No-Grief Rent Relief

May 02, 2003 | Article

Written by Jeanne Banka (Commercial Leasing Law & Strategy, Vol. 15, No. 12) Recent downturns in the economy have increasingly found retail and...

Keeping Your Merchandise Mix Under Control

Feb 03, 2003 | Article

Written by Natalie Vukovich Shopping Centre Newsletter, Vol. 23, No. 2 One of the most troublesome clauses in a retail lease is the use clause. Lan...

Key Protections the Landlord Should Obtain When Negotiating Early Termination Rights

Nov 01, 2002 | Article

Written by: Jeanne Banka and Joseph Grignano Commercial Leasing Law & Strategy, Vol. 15, No. 6 November 2002 One of the rights that the landlor...

Insurance For Commercial Building Tenants

Sep 02, 2002 | Article

Written by Dennis Daoust Nothing that you learn in law school or in business school prepares you adequately for dealing with risk management and in...

Pitfalls in Enforcing Remedies

Jun 02, 2002 | Article

Written by Wolfgang Kaufmann (Ontario Bar Association- "Leasing Lawyers: Avoiding Hot Water In a Cold Economy") The economy is not as cold as origi...

When a Sublease is Really an Assignment

Nov 01, 2001 | Article

Written by J.E. Dennis Daoust (Shopping Centre Newsletter, Vol. 21, No. 11) An assignment of lease and a sublease are similar because in both of th...

Negotiating the Commercial Lease - Letter of Intent/Offers to Lease/Proposals

Sep 13, 2001 | Article

Written by Natalie Vukovich Osgoode Hall Law School of York University - Professional Development Programme Toronto, Ontario After 15 years of hang...

System Five: Default and Cure

Dec 07, 2000 | Article

Written by J.E. Dennis Daoust (Lexpert Seminar) Each commercial lease will contain a system of clauses dealing with the rights of the landlord and ...

Fundamental Breach - Adding to the Tenant's Arsenal

Dec 05, 2000 | Article

Written by Francine Baker-Sigal and Joseph Grignano (ICSC Shopping Center Legal Update, Vol. 20, Issue 3) In 1971 the Supreme Court of Canada, thro...

"Electronic Commerce Act, 2000"

Nov 23, 2000 | Article

Written by Natalie Vukovich and Joseph Grignano (Lexpert Seminar - Fundamentals of Commercial Leasing & The Annual Commercial Leasing Institute...

Surrendering and Terminating Subleases: How to Avoid the Potholes

Sep 22, 2000 | Article

Written by Natalie Vukovich L​SUC - Return of the Six-Minute Commercial Leasing Lawyer 2000) At common law, privity of estate was destroyed upon me...

Agreements, Offers, Letters of Intent and Other Forms of Commitment

Jun 21, 2000 | Article

Written by Jeanne Banka Lorman Education Services - Commercial Landlord and Tenant Law in Ontario   It is in the interest of both the landlord...

Good Faith and the Tort of Negligent Negotiation

Jun 21, 2000 | Article

Written by: Francine Baker-Sigal for Lorman Education Services June 21, 2000 It would be extremely foolish to enter into business dealings today wi...

Default Remedies

Mar 09, 2000 | Article

Written by Wolfgang Kaufmann (ISCS 2000) In this paper, we present an overview of the issues which often arise where is a default under a commercia...

Options to Renew: Tips for Tenants

Feb 01, 2000 | Article

Written by: Jeanne Banka Shopping Centre Newsletter, Vol.20, No. 2 Landlords consider options to renew a necessary evil so long as tenants insist o...

Strange But True Tenancy Law - A Dilettante's Nightmare

Aug 01, 1999 | Article

Written by Dennis Daoust (Shopping Centre Newsletter, Vol. 19, No. 8) Commercial tenancy law is full of idiosyncrasies. Leases are a hybrid form of...

Implied Waiver by Landlord - An Unexpected Result

Apr 13, 1999 | Article

Written by Jeanne Banka with Francine Baker-Sigal (ICSC Shopping Centre Legal Update, Vol. 19, Issue ) The courts have repeatedly held that by acce...

Use Restrictions in Commercial Leases

Feb 07, 1999 | Article

Written by J. E. Dennis Daoust Shopping Centre Newsletter, Vol. 16, No. 11 Facing competition in the confines of a shopping centre can be overwhelm...

Releases and Indemnities (Shields and Swords)

Mar 26, 1998 | Article

Written by Dennis Daoust (ICSC- Canadian Law Conference 1998) A risk manager has three basic goals: the transfer of risk in contracts such as ...

Exclusive Predicaments

Nov 01, 1996 | Article

Written by Dennis Daoust (Shopping Centre Newsletter, vol. 16, No. 11) Facing competition in the confines of a shopping centre can be overwhelming...

Use(less) Clauses

Aug 01, 1996 | Article

Written by J. E. Dennis Daoust Shopping Centre Newsletter, Vol. 16, No. 8 Leasing persons often draft "use clauses" describing the business that th...


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