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Law of the Land - Canadian Commercial Real Estate Law Blog

Published: 2011-04-28T16:40:04-04:00


Withholding consent to assignments: a primer


The issue of when a landlord can refuse to consent to the assignment of a lease remains a notable source of litigation in the commercial real estate space. While lease agreements typically contain provisions permitting the tenant to assign upon...

Exercising a termination clause requires strict satisfaction of any attached conditions


The Court of Appeal for Ontario recently articulated the importance of satisfying the conditions attached to termination clauses when seeking to terminate a lease. What the trial court considered to be a largely semantic point in Dunnville Soccer Park Corp....

Sovereign Immunity and the Challenge of Leasing to Foreign State Tenants


Leasing real property to foreign states presents a unique challenge to landlords. The operation of the doctrine of sovereign immunity, if not properly addressed in the lease instrument, can severely impact a landlord’s ability to seek recourse from the courts...

Qualifying Criteria for Real Estate Investment Trusts Expected to Improve in 2011


Real estate investment trusts (“REITs”) are publicly-traded trusts that are considered attractive investment vehicles because they offer an exemption from the tax on distributions from specified investment flow-throughs. In December 2010, the federal government announced several proposed changes to the...

Entitlement to Post-Closing Property Tax Refunds: 80 Mornelle Properties Inc. v. Malla Properties Ltd.


80 Mornelle Properties Inc. (the “Vendor”) was the owner of an apartment building in Toronto prior to selling it to Malla Properties Inc. (the “Purchaser”) in October 2006. Before the sale, the Vendor retained lawyers to appeal the property’s tax...

"Unreasonable" refusal to grant consent to a lease assignment


Commercial leases commonly provide that the tenant may not assign or sublet the lease without the landlord’s consent, such consent “not to be unreasonably withheld”. In Ontario, a landlord may not withhold its consent solely to secure a new advantage...

Subrogated Claims by Insurers in Commercial Leases (Part VI) - Update on 1044589 Ontario Ltd. v. AB Autorama Ltd.


In several previous posts we have addressed recent cases relating to subrogated claims by insurers in commercial leases. A subrogated claim refers to the claim by which an insurance company seeks recovery of the amount it pays to a policy...

Court of Appeal clarifies the law on prescriptive rights


There was an interesting recent Ontario Court of Appeal decision (Kaminskas v. Storm (2009), 95 O.R. (3d) 387) for those lawyers, like the writer, who developed his practice approaches at a time when most of the properties in Ontario were...

Lang Michener LLP lawyers remain the leading experts on title insurance in Canada


Bruce McKenna, with significant assistance from Matthew German and Bob Fraser, has completely redrafted the title insurance sections of the CCH Ontario Real Estate Law Guide published by CCH Canada. These are the title insurance sections under the Divisions of...

The Declining Importance of Tender in Transaction Disputes


Canadian courts continue to erode the traditional common law requirement that a non-defaulting party demonstrate its absolute willingness and ability to close a real estate transaction when responding to the default of the other party. As illustrated by the British...