Business Law & Corporate Law

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...

COMMERCIAL LEASING: Fundamental Breach and Exclusion Clauses

The second instalment in our review of the emerging trends in commercial lease jurisprudence is evident in the lawsuit relating to HREIT Holdings 45 Corp. v....

COMMERCIAL LEASING: How the Court Applies Equitable Remedies

There have been some interesting developments in commercial leasing law over the last year, among which can be seen important trends in commercial leasing jurisprudence.Equitable RemediesIt...

What Residential Landlords are Not Normally Aware Of

In 2002, the Conservative government provincial legislature offered some concessions to landlords by enacting a regulation allowing landlords to avoid liability for carrying out maintenance work as long...

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...