Contract Disputes, Arbitration, Commercial Leases

Abuse of Contractual Right When Renegotiating a Commercial Lease: the Superior Court Rules on Unreasonable Offers by Landlord

Stikeman Elliott LLP on 7/15/2025

In Grains Boivins inc. v. Élevages St-Georges inc. (2025 QCCS 25), a decision dated January 10, 2025, the Superior Court handed down a decision reminding landlords that they must negotiate with tenants in good faith when...more

Alberta Court Applies Petrowest to Stay Arbitration in Favour of Receivership Proceeding

Blake, Cassels & Graydon LLP on 7/11/2025

On May 26, 2025, the Court of King’s Bench of Alberta stayed a proposed arbitration in favour of an ongoing receivership proceeding in Mayfield Investments Ltd (Re). This decision marks the first time that an Alberta court...more

Don’t overstep the mark: what can an independent expert decide in a rent review determination?

Hogan Lovells on 11/7/2019

The old saying goes “if you give them an inch, they’ll take a mile”, but the Court of Appeal has reaffirmed that an independent expert appointed by parties to make a binding determination in relation to their dispute is not...more

Third Circuit Affirms Dismissal of Landlord’s Attempt to Vacate Arbitration Award

Carlton Fields on 1/10/2019

Sears Roebuck and Co. (Sears) entered a 40-year lease with Century III Mall, PA., LLC (“Century III Mall”), whereby Sears agreed to maintain an anchor store at the Century III Mall. ...more

Litigating a Lease Audit

Arnall Golden Gregory LLP on 12/8/2016

Considering that lease audits are a fact of life in the world of commercial real estate, it only makes sense to prepare for one well before it occurs. When negotiation a lease, both the landlord and tenant should be mindful...more

Franchising Update

K&L Gates LLP on 3/21/2016

While dispute resolution clauses may be straightforward for domestic franchise agreements as a result of the Franchising Code, dispute resolution clauses can be one of the most neglected provisions in international master...more

California Case Requires Arbitration Despite Lack of Actual Controversy

Snell & Wilmer on 12/11/2014

For parties to litigate a contract dispute in a court of law, the parties’ disagreement must have ripened into an actual controversy presenting more than a mere academic difference of opinion. But under a recent California...more

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