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Canada Landlords Tenants

Stikeman Elliott LLP

Abus de droit contractuel lors de la renégociation des baux commerciaux : La Cour supérieure se prononce sur les offres...

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A translation of this post will be available soon. Dans la décision Grains Boivins inc. c. Élevages St-Georges inc. (2025 QCCS 25), datée du 10 janvier 2025, la Cour supérieure a rendu une décision rappelant que le...more

Bennett Jones LLP

Lease Termination Clauses: Know the Target Before Pulling the Trigger

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In the glow of negotiating a commercial lease, no landlord or tenant wants to think about how it might end early. But recent developments again remind us that a nuanced termination clause will significantly affect if, when...more

Bennett Jones LLP

Tenant Due Diligence Essentials in British Columbia

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Corporate and property searches are an essential starting point for tenant due diligence when negotiating a commercial lease. Due diligence search results can provide tenants with a clearer picture of the property, the...more

Stikeman Elliott LLP

Asbestos: To Remove or Not to Remove – Is That the Question?

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The Alberta Court of King’s Bench provides clarification on both the interpretation and application of the Occupational Health and Safety Act regarding asbestos as well as the duties of landlords and tenants to carry out...more

Bennett Jones LLP

Specific Performance: Not Extraordinary in Commercial Leasing

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In light of recent caselaw, and despite popular belief, it may be time to reframe specific performance as a perfectly ordinary remedy rather than an extraordinary one. The decision of Justice Rees in The Decorators Choice...more

Bennett Jones LLP

A Landlord’s Response and Duty to Mitigate Following a Tenant’s Repudiation of Lease

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Lessons from Centurion Apartment Properties v Piquancy Enterprises - In November 2024, the British Columbia Court of Appeal (BCCA) released its decision in Centurion Apartment Properties (Scott Road 1) Inc v Piquancy...more

Stikeman Elliott LLP

The Quebec Court of Appeal Clarifies the Rules of Engagement When Negotiating Renewal Terms for a Commercial Lease – The Freedom...

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In 2177 23rd Avenue Holdings v. Pival International inc. (2025 QCCA 19) dated January 9, 2025, the Quebec Court of Appeal rendered an enlightening decision on the obligation of a landlord to negotiate the terms and conditions...more

Bennett Jones LLP

Update: Draft Legislation on Landlord Tax Liabilities Provides Relief for Residential Tenants

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Since the publication of our blog, Tenants Beware: The Risks of Landlord Tax Liabilities, draft legislation released by the Department of Finance on August 12, 2024, has proposed a change to the Income Tax Act (Canada) (the...more

Blake, Cassels & Graydon LLP

Leasing Agreements in Quebec: True Lease or Financing Lease in the Context of an Insolvency?

One of the main advantages for a debtor to seek protection under the Companies’ Creditors Arrangement Act (CCAA) or the Bankruptcy and Insolvency Act (BIA) is the stay of proceedings that prevents creditors faced with a...more

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including...more

Bennett Jones LLP

Don’t Walk Away! Landlord Remedies on Lease Repudiation

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Markets change. Situations change. Plans change. And in the face of change, tenants are often faced with future lease obligations that no longer suit their business plans. They need (or at least want) to change the deal with...more

Bennett Jones LLP

Tenants Beware: The Risks of Landlord Tax Liabilities

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A recent ruling from the Tax Court of Canada underscores the significance of tenants verifying their landlords' residency status in adhering to any obligations to withhold taxes in accordance with Part XIII of the Income Tax...more

Bennett Jones LLP

British Columbia Passes Bill 35, Advancing the Homes for People Action Plan and Addressing Short-Term

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On October 26, 2023, Bill 35, the Short-Term Rental Accommodations Act received royal assent. Bill 35 was introduced as part of the NDP’s Homes for People Action Plan to combat the housing crisis and intends to regulate...more

Bennett Jones LLP

Let's Be Reasonable: Landlord Consents to Lease Assignment

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What sort of things go through a commercial landlord's mind when receiving a notice from its tenant that the tenant wants consent to assign its lease? The answer is, all sorts of things. The landlord may want the space...more

Stikeman Elliott LLP

Canada Introduces New Pandemic Support for Commercial Tenants, Focusing on Tourism, Hospitality and Other Hard-Hit Businesses

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On December 17, 2021, Bill C-2, federal legislation that creates two new rent support programs, became law. As their names suggest, the Tourism and Hospitality Recovery Program (THRP) and the Hardest-Hit Business Recovery...more

Dickinson Wright

Protecting Small Business Act 2020

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As of June 18th, Bill 192, Protecting Small Business Act, 2020 (the “Act”) received royal assent and came into force. The Act is an amendment to the Commercial Tenancies Act of Ontario (the “CTA”) and introduces prohibitions...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated June 2020)

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Recent Update - June 1, 2020: Updates to the extensions to the emergency orders and easing of restrictions, as well as the changes to Mandatory Closures on certain recreational and outdoor operations, and updated the...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated May 2020 #4)

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Recent Updates - May 25, 2020: Update of Ontario information extending all emergency orders and the easing of restrictions. Update with respect to Lease Relief to provide more details with respect to the Canada Emergency...more

Dickinson Wright

CECRA Update | May 2020

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On May 19, 2020, Canada Mortgage and Housing Corporation (“CMHC”) published further information on the previously announced Canada Emergency Commercial Rent Assistance Program (“CECRA”). ...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated May 2020 #3)

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Recent Updates - May 19, 2020: Update of Ontario information extending the Declaration of Emergency and the easing of restrictions, as well changes made to Ontario Restrictions on Landlord Enforcement. Update of Alberta...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated May 2020)

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Recent Updates - May 4, 2020: Changes made to Ontario Mandatory Closures and to Lease Relief to provide more details of the Ontario-Canada Emergency Commercial Rent Assistance Program, to Alberta and BC Lease Relief to...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures - Updated April 2020

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April 27, 2020: Changes made to Ontario Restrictions on Landlord Enforcement and to Lease Relief to describe the Ontario-Canada Emergency Commercial Rent Assistance Program, and to Alberta and BC Restrictions on Landlord...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures

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Below is a quick reference guide of real estate emergency pandemic measures applicable to lenders/borrowers and to landlords/tenants in Ontario, Alberta and British Columbia....more

Foster Garvey PC

Short-Term Rental Update: Short-term rental operator Lyric raises $160m; Fannie Mae-backed mortgages allowed for short-term...

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This week’s Short-Term Rental Update features a number of interesting topics, including these highlights...more

Bennett Jones LLP

Ontario Landlords May Now Have Lien Claim Exposure from Tenant’s Work

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The Construction Act (Ontario) (formerly known as the Construction Lien Act) (the “Act”) was substantially amended last year. The first phase of those amendments came into force in Ontario July 1, 2018. Under the Act as it...more

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