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Apr 10, 2012
Article
You’ve recently built a multi-million dollar manufacturing plant—which was financed through private equity—on a 10-year payback schedule that will take your company to the next level. Unexpectedly, though, this expansion opened a new market resulting in the need to build a storage facility to handle goods distribution. Read More

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Business Law

Apr 5, 2012
Article
Where an offer to lease is silent on who has the onus to determine if the property complies with all laws (e.g. zoning bylaws, health and safety laws etc.), and whether the tenant’s use is permitted at the premises, then a March 2011 New Brunswick case, will be useful for guidance. Read More

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Apr 5, 2012
Article
Virtually all leases provide for tenants to maintain and repair premises to a certain standard during the term and return them in certain condition at the end of the term. That standard is often qualified by: ”reasonable wear and tear excepted”, at the request of the tenant. Read More

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Mar 26, 2012
Article
Lease extension and renewal rights are very common lease options granted to a tenant but clauses and situations vary depending on the facts and leverage of the parties. However, there are certain material points that should always form part of the clause or at least be considered carefully when drafting the clause. Read More

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You will often find them under the headings: “Miscellaneous” or “General” articles in a lease. They are not usually given the attention they deserve when negotiating an offer to lease, lease or other contract but they should be and here is why. These clauses can and do affect each party’s legal rights and obligations in everyday dealings as well as on default and numerous court cases arise from them. Read More

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Mar 6, 2012
Article
People generally place a higher value on what they own than what someone else will pay for it. Real estate is no different. With commercial real estate, rents and rental cash-flow play a critical role in the determination of the value of a commercial property. Read More

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Commercial Real Estate Law

Mar 1, 2012
Article
Bill 168, which amended the Occupational Health and Safety Act, came into force in Ontario on June 15, 2010, with the goal of preventing workplace violence and harassment. Bill 168 mandates employers to carry out a risk assessment to identify potential sources of workplace harassment and to develop policies to address these incidents. Read More

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Mar 1, 2012
Article
Your children would like to acquire an ownership stake in your business. You would like to accommodate but are wisely against the notion of gifting the business to your children. You would also like to cash in on a portion of the current value of the business. Read More
Whether you are listing a commercial property for sale or listing premises in it for lease, the listing agreement is a material document with significant implications on the broker, the owner (and property manager as agent of the owner). Read More

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Commercial Real Estate Law

At first glance you might ask why I am writing about this issue in a real estate newsletter. Well, this law requires all employers to comply and that includes owners, managers and tenants. The first of several requirements for employers under the Accessibility for Ontarians with Disabilities Act comes into effect on January 1, 2012. Read More

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Many residential landlords may assume that if their lease forms provide for their tenants to be responsible for maintenance and repair of the premises, then the landlord is not responsible if someone is injured or if property is damaged on the premises as a result of a failure to maintain or repair and a lawsuit is brought against the tenant and landlord. Read More

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Jan 6, 2012
Article
As the myriad of condominium projects in the GTA approach completion, developers might consider the option of offering “rent-to-own” units as a way of marketing their unsold units. Read More
Jan 6, 2012
Article

Over 2,200 delegates attended the two-day Real Estate Forum at the Metro Toronto Convention Centre in early December to hear industry experts and economists look back at 2011 and prognosticate on what the real estate industry will look like for 2012.

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Commercial Real Estate Law

Courses in Advocacy, Evidence, Tribunal Practice & Procedure, and Administrative Law, Seneca College, (2010-2011) Read More

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Litigation & Dispute Resolution

Dec 8, 2011
Article
Typically, commercial agreements include conditions precedent to the agreement (i.e. conditions that must be satisfied for a binding un-conditional agreement to arise). Those conditions tend to contain expressions requiring a party to expend “reasonable efforts”, “commercially reasonable efforts”, “best efforts” etc. in attempting to satisfy the condition. An example would be a buyer’s proposed property use being conditional on the buyer getting municipal approvals. Read More

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Commercial Real Estate Law

Since 1978, Canadian courts have recognized an implied obligation on the parties to a contract to act in good faith in carrying out the contractual terms, including unilateral conditions precedent to an agreement such as property inspections, lawyer approval of a contract and obtaining mortgage financing. The “good faith” obligation requires each party to exercise his/her rights under the agreement “honestly, fairly and in good faith”. Read More

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Commercial Real Estate Law

Nov 22, 2011
Article

CONSTRUCTION LIENS

On July 2, 2011, certain Construction Lien Act amendments came into force. Insofar as they relate to the Condominium Act, the following provisions are applicable:

On July 2, 2011, certain mendments came into force. Insofar as they relate to the , the following provisions are applicable: Read More
When a lease defines an “event of default “or “default” as being a failure to meet monetary or non-monetary obligations on or before the expiry of a cure period, and the defaulting party has rights that are predicated on not being in default at the time of exercise (such as a right to extend), then landlords and tenants must understand the ramifications arising from the interaction of these provisions when a party purports to exercise an option or right. Read More

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Owners or managers of properties with third-party signs erected on them should be aware that in December, 2009, City Council passed a new Sign By-law and third-party sign tax (“Sign Tax”) which came into force on April 6, 2010 (with strong opposition from owners and sign companies). However, some property owners and property managers may not be not clear about how the Sign Tax works and what affect it can have on the value of their property and the cash-flow. Read More

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Commercial Real Estate Law

Typically, using the vehicle of a corporation insulates directors from personal liability to the corporation’s creditors for defaults, but that is not always true. A recent Ontario case highlights that risk for those who are the “directing minds” of the corporation. Read More

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Commercial Real Estate Law

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