Searching Content indexed under Landlord & Tenant - Leases by Borden Ladner Gervais LLP ordered by Published Date Descending.
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Bankrupt Tenants And Landlords' Rights To Draw Upon A Letter Of Credit Obtained As Security
When a commercial tenant goes bankrupt, the respective rights of landlords and trustees can be complex to sort out. Yet, as illustrated by recent Ontario Superior Court decision 7636156 Canada
3 Dec 2019
How Changes To Ontario's Construction Act May Impact Your Next Commercial Lease
Significant amendments to the Ontario Construction Act (formerly the Construction Lien Act) have come into force in 2018 and 2019. These changes have important ramifications for commercial leasing.
13 Nov 2019
Do I Have To Reserve The Last Day Of A Lease For A Sublease? ONCA Says Maybe Not
In V Hazelton Limited v. Perfect Smile Dental Inc., 2019 ONCA 423 (the Decision), the Ontario Court of Appeal (the Court) considered the longstanding common law requirement that a sublessor reserve
30 Oct 2019
Hail The ROFR: Another Non-Compete Bites The Dust At The Ontario Appeal Court
Last January, the Court of Appeal for Ontario (Appeals Court) provided judicial clarity on the interplay between specific real estate documentation and broader commercial agreements.
2 Apr 2019
Important GST/HST Developments In Real Estate Transactions from 2018
In April 2018, Mr. Cheema filed an application to the Supreme Court of Canada for leave to appeal.
20 Dec 2018
National Leasing Centre
NLC's leasing-only specialists deliver pragmatic, expert advice designed to accelerate the way you do business.
26 Nov 2018
Government Imposes Standard Lease On Ontario Landlords As Of April 30, 2018
As of April 30, 2018, landlords of most residential rental units in Ontario are required to use a standard form lease agreement created by the Ministry of Housing.
9 May 2018
Tenants Beware Of Estoppel Certificates — Don't Inadvertently Waive Your Existing Lease Rights
The Ontario Superior Court's judgment in 1960529 Ontario Inc. v. 2077570 Ontario Inc., 296 Brunswick LP Corp., and CMLS Financial Ltd. 2017 ONSC 5254 provides a cautionary reminder ...
26 Jan 2018
Do I Have An Enforceable Contract?: The Importance Of Entering Into A Third Party Agreement In An Assignment Of Lease Or Sublease
A recent decision out of the Ontario Superior Court is a firm reminder of the importance for a landlord to enter into an agreement directly with the new third party whenever there is an assignment...
24 Oct 2017
Battle Over Gravel Results In Clarification In Test For Pre-Judgement Relief
The Susan Lake gravel pit is one of the largest in Canada, and supplies the majority of gravel to energy companies operating and developing oil sands resources in the Athabasca Oil Sands region.
26 Jun 2017
Significant Changes To The Land Transfer Tax Act
Effective January 1, 2017, Land Transfer Tax rates for commercial real property transactions will increase.
25 Nov 2016
Ontario Court Of Appeal Confirms Mortgagee Can Apply To Set Aside A Tenancy Agreement Under Certain Circumstances
In Toronto-Dominion Bank v. Hosein, the mortgagor entered into a tenancy agreement with a third party after defaulting on her mortgage.
7 Nov 2016
$1 Million Costs Award Protects Commercial Landlords And Mortgage Lenders
In upholding a $1 million costs award against the Crown in a decision released today, the Ontario Court of Appeal has provided significant protection to commercial landlords and mortgage lenders against forfeiture proceedings...
15 Apr 2016
Don't Stress With Distress: A Landlord's Distress Remedy In Delane Industry Co. Ltd. v. PCI Properties Corp.
Determining the most appropriate remedy in response to a tenant's failure to pay rent can be a difficult decision for a commercial landlord. Exercising distress is one such available remedy.
23 Mar 2016
We Agreed To What? Lease Extensions & The Standard Form Lease
A party (franchisor) entered into a commercial lease for a ten year period with the option to extend the lease for two terms of five years each.
11 Dec 2015
We Agreed To What? Lease Extensions & The Standard Form Lease In 1251614 Ontario Ltd. V Gurudutt Inc.
The Ontario Superior Court of Justice's contentious judgement in 1251614 Ontario Ltd. v. Gurudutt Inc., 2015 ONSC 2141 provides a cautionary lesson for tenants entering into leases and those exercising lease extension or renewal options (referred to as extensions hereafter).
30 Nov 2015
New Lease Forms
Effective on February 24, 2015, it will no longer be possible to use the former lease forms and property owners, including seniors’ residences will be required to use the new forms for all new lessees.
10 Feb 2015
Guidelines On The Collection Of Personal Information And Leases
The Commission d’accès à l’information, Québec’s privacy commissioner, has recognized a landlord’s rights to personal information.
27 May 2014
Offer To Lease: Beware Of Upcoming Milestones
The offer to lease is typically a short document between the landlord and tenant that sets out the key terms and conditions governing their relationship.
14 Jan 2014
Asbestos In The Workplace — The Landlord's Or The Tenant's Problem?
A draft regulation to impose on Québec employers a duty to take additional measures with respect to the potential presence of asbestos in facilities where their employees work was published in the Gazette officielle du Québec of December 27, 2012, and may come into force in the Spring.
19 Mar 2013
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