real estate law

It is common, after parties duke it out in court, for the winner to be “awarded costs” - the loser must pay all or a portion of the winner’s legal fees. However, in an application for relief from forfeiture, who wins and who loses is a more…

All of a sudden, every day’s headlines contain news of MVP announcements.  The spate of announcements is spreading almost as fast as COVID-19.  Government employers, venue operators, universities and colleges, large, medium, and small…

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…

Since the World Health Organization declared COVID-19 a pandemic on March 11, 2020, countless businesses have closed to comply with governmental restrictions. Leases are still in place, commercial properties are still operating (at low to…

The tenant defaults. The landlord terminates. The tenant is off to court, seeking relief from forfeiture. The tenant succeeds. The court grants relief, allowing the tenant back into its premises on certain terms and conditions. Sounds like…

Service animals, ranging from guide dogs to emotional support animals, often present challenges to commercial building owners, who not only must comply with legal requirements but wish to be supportive of their building occupants – up to a…

There is an ancient tenet of contract law known as “frustration” which can be used to cancel an otherwise binding contract. Greatly simplified, this doctrine provides that if there is a situation where, through no fault of either party,…

On July 1, 2018, most of the revisions of the overhauled Construction Lien Act (which was renamed the Construction Act, or the “New Act”) came into force in Ontario. On October 1st of this year the prompt payment and adjudication provisions…

Ontario government releases strict regulations for recreational cannabis retailers.

Lease use clauses are very important to both landlords and tenants, especially in the context of shopping centres and other retail properties. Landlords prefer narrow use clauses that give them control over the merchandising mix in order to…