Draft & Review Agreements
A Discussion about the Assignment of Leases
As the Goodyear case considered in-depth assignments of rents and leases to determine the impact on the doctrine of privity, it is necessary to discuss the...
The Law of Lease Assignments
Earlier we have seen how Goodyear benefited from its lawsuit against Burnhamthorpe. This verdict is compared with the generally accepted good law set out in Corbett...
Assignments of Leases: Goodyear, A Case in Review
Goodyear v. BurnhamthorpeGoodyear was the tenant under a long-term ground lease of part of an office building in Etobicoke, known as 10 & 21 Four Seasons...
Assignment of leases, rents, non-disturbance, and attornment
Assignment and Assumption of Contracts General RulesThe lease is a mixture of benefits and obligations, which can be unilateral or bilateral. The “assignor”, or a party...
Assignment of Rents: Potential Conflicts and Exceptions
In the previous instalment, we discussed the difference between lease and rents and left open the manner of their registration. It is a fait accompli that...
ASSIGNMENTS OF LEASES, RENTS, NON DISTURBANCE AND ATTORNMENT: An Introduction
Leases and tenancies of a secured property are of great interest to a commercial lender for the following reasons:1. The borrower could pay the debt from...
Understanding Municipal Tax Sales: Legal Challenges
Other Legal Challenges Earlier we have discussed three Municipal Tax Sales clauses, which if applicable, leads to cancellation of sale. Besides cancellation by the treasurer, the...
An Overview of Municipal Tax Sales
As municipal tax sales are not that frequent, it is not uncommon for purchasers to proceed without professional advice. As a consequence, real estate practitioners often...
COMMERCIAL LEASING: Past, Precedent, and Future
In the third part of our review of trends in Canadian commercial law, several interesting cases are discussed.Canadian Western Bank v. 702348 Alberta Ltd.This case highlights...
ENVIRONMENTAL LAW: Your responsibility and your neighbor’s
How clean is greenThe proverbial question relating to environmental contamination is the extent of the clean-up that needs to be undertaken. Considerable time and resources have been...
