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Darrell M. Gold contributed the chapter entitled "Rights and Remedies : A Summary of the Workings of the Repair and Storage Liens Act, Ontario" to ... Read More

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Commercial Real Estate Law

What Is It: A long term lease (e.g. 30 – 999 years) of: un-improved lands; or previously improved lands in need of major re-development at significant capital expense where the tenant gets rights/benefits and liabilities/obligations as if it was the landowner BUT is not the landowner. Read More

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Commercial Real Estate Law

Imagine you are a commercial broker. Your client retains you to sell one of it its office buildings. You find a buyer for the property who ends up being the buyer but, your client and the buyer (its shareholder) change the deal from an asset purchase to a share purchase and your client’s shareholder sells its shares in your client to the buyer and then refuses to pay you a $400,000.00 commission arguing that the “building” was not sold. Read More

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Commercial Real Estate Law

1. What is LEED CANADA? It is a not-forprofit, national building certification program to advance green building and sustainable community development practices in Canada since 2002. According to the Canada Green Building Council (“CGBC”), buildings generate about 35% all of greenhouse gases and landfill waste and 80% of all water is consumed in and around buildings, so the environmental impact is significant. Read More

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Commercial Real Estate Law

Oct 19, 2012
Article
A Right of First Refusal (“ROFR”) is a right given to some tenants to match a 3rd party offer to lease space (and, on occasion, to purchase property containing the premises leased). Read More

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Commercial Real Estate Law

Landlords rightfully want and need some control over their tenant mix in terms of permitted uses as well as the actual tenants. Typically this is done through the use and transfer provisions in a Lease. In the latter tenant transfers are not permitted as of right, (other than in certain limited and negotiated circumstances which are dependant on the leverage of the tenant and even then certain pre-conditions usually apply) at the tenant’s own volition but are rather subject to landlord consent being obtained. Read More

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Commercial Real Estate Law

Some of you may recall that in March, 2012, I wrote Part 1 of this Article, dealing with the Notice, Entire Agreement, Severability and Governing Law clauses that are common to virtually every agreement – and not just leases. Read More

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Commercial Real Estate Law

Sep 17, 2012
Article
Even the most well-intentioned employers are often unaware of the extent of their duties towards pregnant employees under the Ontario Human Rights Code (HRC). The issues become more complicated when an employee’s work performance was consistently weak, and then she announces her pregnancy. Read More

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The right of a tenant to peacefully enjoy its premises without interference from a landlord arises at law and is clearly seen from an old English case where the court held that “the basis of it is that the landlord, by letting the premises confers on the tenant the right of possession during the term and impliedly promises not to interfere with the tenant’s exercise and use of that right to possession during the term.”

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Commercial Real Estate Law

Jul 25, 2012
Presentation
Condo Business Magazine (Video) Read More

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Imagine the following scenario: You own a retail plaza in Toronto. The Plaza contains a few anchor tenants as well as some “smaller” tenants. You just issued your annual reconciliation statement for additional rent for 2011. Thirty days later, you receive a written request from one of your anchor tenants for all backup invoices supporting the additional rent calculated in accordance with that tenant’s lease and charged for the prior year. Read More

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Commercial Real Estate Law

Who Will Own and Control Your Facebook Page and Other "Digital Assets" After You Die?, June 2012, Estates (legal pulse). Read More

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Jun 20, 2012
Article
When taking on an investor's money, among the many stipulations you should add to the partnership agreement, is some provision for how to get out of the arrangement. Read More

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Business Law

These Guidelines which include “performance standards” for new developments are going to City Council for adoption in July 2012 and are important for developers to be aware of. What follows is a summary of some of the information available on the City of Toronto’ website: Read More

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Commercial Real Estate Law

Jun 18, 2012
Article
You're a successful woman who owns a thriving business. Your husband has little or nothing to do with it. Still, you want to make him a shareholder. Why? Read More

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Estate & Succession Planning  |  Business Law

This Article is a continuation of my prior one where I discussed the initial considerations to address when dealing with a tri-party agreement amongst a lender, landlord and tenant/borrower for tenant financing. Those considerations were: Where Is the Money Going: Who Is the Lender: Who Pays the Legal Costs for the Agreement: and, What Is Being Consented To:. Now I will focus on the material issues for the landlord and the lender that typically drive the negotiations. Read More

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Commercial Real Estate Law

Tenants borrow capital to fixture, furnish and equip premises, buy inventory and pay employees. When the borrower is a tenant that means a landlord is involved so a 3 way negotiation ensues. Read More

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Commercial Real Estate Law

Last week in Montreal a 40-year-old man was in hospital after bricks from a three-storey building collapsed on him while he was walking on the sidewalk. A few hundred bricks came loose from the top of the downtown building and fell on him injuring him severely. Read More

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Commercial Real Estate Law

How long does a commercial landlord have to bring a claim against a tenant or guarantor/indemnifier following a lease default and demand on the guarantee/indemnity? Read More

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In my experience, I have learned not to be surprised with a landlord’s answer to two questions: 1. whether it has evidence of insurance from the tenant and 2. whether it is consistent with the insurance terms in the lease. Too often, the answer to both questions is "No". Read More

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Commercial Real Estate Law

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