Modern skyscrapers in business district
Modern skyscrapers in business district
Modern skyscrapers in business district

COMMERCIAL REAL ESTATE

Like many aspects of modern business, commercial real estate transactions can be highly complex and the potential for financial rewards is often tempered by possible risk. A well-considered legal strategy can help builders and investors preserve the value of commercial real estate ventures.

McMillan’s Commercial Real Estate lawyers serve a range of organizations, to help investors and developers maximize value, manage and share risk, enhance investment returns and create favourable tax structures for a wide range of commercial real estate initiatives. Our commercial real estate lawyers have expertise in development, environmental regulation, leasing, municipal and land use planning law, as well as real estate financing, acquisitions and divestitures, allowing us to close deals effectively and efficiently.

We work with a wide range of developers seeking to acquire and develop real property, including residential, commercial, resource development projects and large-scale infrastructure programs. We also work with municipalities and governmental bodies to ensure their interests are protected in major development projects. Our services include: providing counsel on pre-development options; advising on optimal investment vehicles and structures; counseling on land acquisition and financing; assisting with dispute resolution and/or litigation with nonperforming suppliers, buyers and other third parties.

 

REAL ESTATE ACQUISITIONS & DIVESTITURES

McMillan LLP is one of Canada’s leading real estate acquisition and divestitures law firms, recognized for helping companies maximize the value potential of their commercial real estate portfolios while mitigating risk.

McMillan is routinely called upon by top commercial real estate industry players for counsel on maximizing the value of their real estate acquisitions and divestitures in Canada. We have the experience and astute knowledge of the law necessary to advise clients on all facets of property acquisition and divestiture, including real estate, tax, environmental, and corporate and commercial matters. Our lawyers’ experience comes from regularly acting on behalf of major publicly traded real estate companies, financial institutions, pension funds, land developers and Real Estate Investment Trusts (REITs) on large commercial property acquisitions and dispositions.

 

REAL ESTATE LAND DEVELOPMENT 

Our Commercial Real Estate Group represents commercial and residential developers, as well as builders engaged in the development of high-rise, low-rise and multiphase residential, commercial and mixed-use condominium and rental projects.

We advise our clients in all aspects of the negotiation and drafting of development agreements with municipalities and neighbouring property owners. We also provide title opinions as required for construction financing and help with the satisfaction of municipal development conditions.

Our New Homes and Condominium team, a specialized area of our Commercial Real Estate Group, assists residential developers at every stage of the condominium development life cycle, from project launch to closings and board turnover.

Our client-base is broad and diversified. While we act for some of Canada’s largest residential property developers, we are trusted advisor to smaller developers and builders, requiring sophisticated and creative solutions for their complex urban developments.

 

 

Deals and Cases

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Insights (159 Posts)

Featured Insight

How to Identify the Proper Use Under Municipal By-Laws: Recap of Applicable Guidelines

This bulletin summarizes a recent Quebec Court of Appeal decision recapping the guidelines applicable to classifying a use under municipal zoning by-laws.

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Feb 20, 2023
Featured Insight

Black History, Black Futures with Mervyn Allen and Dennis Mitchell

Mervyn Allen, Partner and Co-Chair of our Commercial Real Estate Group and Chair of our Commercial Leasing Group speaks with Dennis Mitchell, CEO and CIO at Starlight Capital, on leadership and diversity as a results driver for businesses.

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Feb 17, 2023
Featured Insight

Real Estate Fund Capital Raising, Structuring a Real Estate Development Deal, Registration Requirements and Tax Considerations

Join us for a breakfast session discussing key issues for funds, asset managers, developers and exempt market dealers in the real estate industry.

Details
Wednesday, March 8, 2023
Featured Insight

February 2023 Update – New Restrictions on Selling Land: An Overview of the Prohibition on the Purchase of Residential Property by Non-Canadians Act and Regulations

Update on the Prohibition on the Purchase of Residential Property by Non-Canadians Act and Regulations.

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Feb 10, 2023
Featured Insight

A Foreign Affair at Home Not Abroad – Canada to Consult on the Merits of a Foreign Agent Registry

Canada announces that consultations on a possible "foreign agent registry" will begin soon. What is that and how is it different from a lobbying law?

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Jan 9, 2023
Featured Insight

Raising Money with the Offering Memorandum Prospectus Exemption: CSA Adopts Additional Requirements with a Focus on Real Estate Issuers and Collective Investment Vehicles

The CSA recently announced the adoption of amendments to the offering memorandum exemption in National Instrument 45-106 and the Companion Policy to NI 45-106.

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Jan 9, 2023
Featured Insight

Quebec Environmental Law : Overview of Key Developments to Follow in 2023

Environmental law has experienced a strong momentum in recent years and we expect that 2023 will be no exception. This short article presents some of the key developments to follow in this area in Quebec.

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Jan 6, 2023
Featured Insight

Developer Wins Case Against a Montreal Borough After it Refuses to Issue a Construction Permit in the Context of a Site Planning and Architectural Integration Program (SPAIP)

This bulletin discusses a recent decision in which the court found in favour of a developer who sued a borough in connection with an urban planning matter.

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Dec 7, 2022
Featured Insight

University Property Development Trusts: How They Work and Points to Consider

This Bulletin provides key takeaways for universities, developers and lenders looking to get involved in a university trust for property development purposes

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Nov 29, 2022
Featured Insight

New Restrictions on Selling Land: An Overview of the Prohibition on the Purchase of Residential Property by Non-Canadians Act

On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act will come into force.

Read More
Nov 28, 2022
Featured Insight

Bill 23 Update: Revisions Proposed to Bill 23 Following Lengthy Second Reading

Ontario's most talked about piece of legislation, Bill 23, received some revisions from the Standing Committee prior to Third Reading.

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Nov 24, 2022
Featured Insight

Bill 39: The Province’s Newest Addition to the Tool Belt for Combating the Housing Crisis

In the latest move to address Ontario's housing crisis, the provincial government has proposed further changes to three key pieces of planning legislation.

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Nov 17, 2022
Featured Insight

Bill 23: The More Homes Built Faster Act, 2022, and the Proposed Amendments to the Greenbelt Plan and Oak Ridges Moraine Conservation Plan

Ontario's Provincial Government has proposed sweeping amendments to several Acts, Regulations, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan.

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Nov 16, 2022
Featured Insight

Montréal’s Sud-Ouest borough will start imposing a climate resilience factor for certain construction projects

This bulletin provides an overview of recent Sud-Ouest borough by-law amendments aimed at fighting climate change.

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Nov 9, 2022
Featured Insight

A Zoning Amendment For Environmental Protection May Result In Disguised Expropriation

This article summarizes a recent decision regarding disguised expropriation arising from conservation rezoning.

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Oct 31, 2022
Featured Insight

Land Use Planning and BOMA Standards: Issues and Possible Solutions

McMillan’s Commercial Real Estate and Litigation & Dispute Resolution teams are offering a conference on a variety of current issues relating to real estate development and BOMA Standards.

Details
October 27, 2022
Featured Insight

Structuring Private Equity Real Estate Funds in Canada

This bulletin provides an overview of structuring private equity real estate funds in Canada.

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Sep 6, 2022
Featured Insight

August 2022 Update: Upcoming Deadline for Pre-Existing Owners to file a Transparency Report on the Land Owner Transparency Registry

The deadline for Pre-Existing Owners to file a transparency report on the Land Owner Transparency Registry will occur on November 30, 2022.

Read More
Aug 24, 2022
Featured Insight

June 28, 2024 – CDOR will be no more

CDOR to cease being published after June 28, 2024; Term CORRA to be potentially created; market participants need to prepare for end of CDOR now.

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Jun 21, 2022
Featured Insight

Official Plan for Toronto 2051 – The Future of Toronto’s Planning and Development

Information on Toronto's invitation for landowners, residents and other stakeholders in the development industry to have their say on the next official plan.

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May 24, 2022
Featured Insight

What is the Capital Markets Tribunal?

This article provides further information about the new Capital Markets Tribunal.

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May 5, 2022
Featured Insight

Ontario Partially Suspends Implementation of Phase 2 of Excess Soil Regulation Until January 2023

On April 21, 2022, Ontario MECP announced temporary suspension of certain provisions in Excess Soil Regulation

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Apr 29, 2022
Featured Insight

Growth Funding Tools (“GFTs”) and the City of Toronto’s Recent Draft GFT By-laws

Growth Funding Tools (GFTs); City of Toronto publishes drafts of its new Development Charges, Community Benefits Charges, and Parkland Dedication By-laws

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Apr 20, 2022
Featured Insight

Propsharing and Fractional Real Estate Investing

Propsharing and Fractional Real Estate Investing in Canada

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Apr 19, 2022
Featured Insight

Alberta’s New Prompt Payment and Construction Lien Act: What You Need to Know Before August 29, 2022 (Consolidated)

A Primer and Comprehensive Overview of Alberta’s New Prompt Payment and Construction Lien Act. What You Need to Know Before August 29, 2022 (Consolidated)

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Apr 6, 2022
Featured Insight

Ontario Proposes to Postpone Implementation of Phase Two of the Excess Soil Regulation

Ministry proposes to delay implementation of Phase 2 of On-Site and Excess Soil Management Regulation from Jan. 1, 2022 to Jan. 1, 2023.

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Mar 15, 2022
Featured Insight

The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies

Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine

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Mar 8, 2022
Featured Insight

PropTech: Property Technology, the New Frontier in Real Property, Part 3: Challenges

In this bulletin, we discuss the risks and challenges of using PropTech by businesses in the real estate space and for consumers of such products.

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Jan 18, 2022
Featured Insight

Mandatory COVID-19 Vaccination Policy Upheld

An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.

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Jan 12, 2022
Featured Insight

Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols

A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.

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Jan 12, 2022
Featured Insight

PropTech: Property Technology, the New Frontier in Real Property, Part 2: Benefits

In this bulletin, we discuss the benefits of using PropTech for businesses in the real estate space and for consumers of such products.

Read More
Jan 11, 2022
Featured Insight

PropTech: Property Technology, the New Frontier in Real Property, Part 1: Introduction

In this 3-part series, we explain the concept of PropTech, highlight its benefits and outline associated risks.

Read More
Jan 11, 2022
Featured Insight

City of Toronto Introduces Garden Suites

In this bulletin, we discuss the potential development of garden suites in the City of Toronto.

Read More
Jan 10, 2022
Featured Insight

Update re: Adoption & Passing of City of Toronto Inclusionary Zoning Policy

An overview of the most recent updates to the Adoption & Passing of City of Toronto Inclusionary Zoning Policy

Read More
Dec 21, 2021
Featured Insight

Pilot Well-Known Seasoned Issuer Program Announced

Canadian securities regulators announce pilot program permitting a "well-known seasoned issuer" to streamline the filing of a base shelf prospectus process.

Read More
Dec 13, 2021
Featured Insight

Construction Remedies On Public Projects: Alberta’s Public Works Act and Comparable Legislation in Other Provinces

This bulletin outlines the key requirements for contractors seeking payment under construction contracts with the provincial government in Alberta and elsewhere

Read More
Nov 23, 2021
Featured Insight

Commercial Leasing Update: Key Developments for Leasing Professionals

As we approach the end of the year, join McMillan's Commercial Real Estate Group on Tuesday, November 30th for an overview and round-up of key developments in leasing law in 2021.

Details
Tuesday, November 30, 2021
Featured Insight

Vaccine Mandates by Commercial Landlords: Are They Permitted and What Are the Risks?

In this bulletin, we address whether landlords have the right to implement a vaccine mandate and the risks arising from restricting tenants and their employees.

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Nov 12, 2021
Featured Insight

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

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Nov 11, 2021
Featured Insight

November 2021 Update: Extended Deadline for Pre-Existing Owners Filing a Transparency Report on the Land Owner Transparency Registry

On November 2, 2021, the deadline for Pre-Existing Owners to file a transparency report was extended from November 30, 2021 to November 30, 2022.

Read More
Nov 8, 2021
Featured Insight

Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies

Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.

Read More
Nov 3, 2021
Featured Insight

Making a Lot out of a Little – Laneway Housing a Niche Market Opportunity for Municipalities, Property Owners, Real Estate Developers and Investors

An overview of laneway suites / housing as means of adding to housing stock in Toronto and beyond.

Read More
Oct 25, 2021
Featured Insight

Practical Considerations for Structuring Private REITs

Despite volatility, the market for Canadian REITs continues to rally creating opportunity for new players in a number of asset classes. This webinar focuses on the practical considerations for structuring private REITs.

Details
Tuesday, November 9, 2021
Featured Insight

Real Estate Litigation: Summer Highlights

Even in the summer months, the legal news does not let up. Here are some recent decisions and legislative developments as we head into the 2021 fall season.

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Sep 21, 2021
Featured Insight

Blocked Account Agreements in Canada – Back to Basics

A BAA is useful for lenders relying on cash collateral in secured lending transactions. We discuss the nature and function of BAAs in the common law provinces.

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Aug 31, 2021
Featured Insight

Evidence of ESG in the Construction and Development Industry

An overview of ESG initiatives in Construction & Development; key information for those looking to implement their own ESG strategies

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Aug 18, 2021
Featured Insight

FSRA Releases Mortgage Brokering Supervision Plan for 2021-22 focusing on Private Lending Practices and Mortgage Administration

FSRA releases mortgage brokering supervision plan for the 2021-2022 year.

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Aug 4, 2021
Featured Insight

Canada Makes Changes to Cross-border Hazardous Waste and Recycling Requirements

On February 26, 2021, Canada enacted the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations.

Read More
Aug 4, 2021
Featured Insight

Watch as that Trust is Swept Away

Suppliers and subcontractors in the construction industry should be mindful of a recent unreported decision of the Ontario Superior Court of Justice.

Read More
Jul 30, 2021
Featured Insight

SOFR Fundamentals: What We Know SO-FAR

SOFR is the preferred USD alternative RFR to LIBOR. We discuss what SOFR is, the types of SOFR, conventions for SOFR, and using SOFR in loan agreements.

Read More
Jul 21, 2021
Featured Insight

City of Toronto’s Current Municipal Comprehensive Review Process

An overview of the City of Toronto's current Municipal Comprehensive Review Process; Request for Employment Land Conversion under the City's Official Plan

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Jul 14, 2021
Featured Insight

Doctrine of Spent Breach Can Override Lease Renewal Terms

A Tenant’s breach of a commercial lease did not prevent it from exercising an option to renew despite an express lease term to the contrary.

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Jul 13, 2021
Featured Insight

Masters and Clergy – Is the Clergy “Principle” No More?

An overview of a recent Ontario Divisional Court decision which weighs in on the legal status of the Clergy Principle.

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Jul 7, 2021
Featured Insight

Is Private Sector Privacy Legislation Looming in Ontario?

Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon

Read More
Jul 5, 2021
Featured Insight

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

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Jun 30, 2021
Featured Insight

Striking a Balance Between Major Facility and Sensitive Land Use Developments: A Discussion of Ontario’s New Land Use Compatibility Guideline

The Ontario Ministry of the Environment, Conservation and Parks has published the Land Use Compatibility Guideline to establish land use compatibility policies

Read More
Jun 30, 2021
Featured Insight

Impending Implementation of Ontario’s Inclusionary Zoning Regime in Toronto and the GTA

An overview of inclusionary zoning policies and their impending implementation in Toronto and the GTA.

Read More
Jun 25, 2021
Featured Insight

June 2021 Update: British Columbia’s New Registry of Beneficial Ownership

Now that the Land Owner Transparency Registry is searchable by the public, it is important to understand the scope of its use, and its current limitations.

Read More
Jun 14, 2021
Featured Insight

BILL 96 – Top 10 Impacts of the Revised Charter of the French Language on your Business and When to Expect Implementation of Such Revisions

Changes to Québec’s language laws are coming. Here is a top ten list of potential impacts, and the likely timeline and process for adoption.

Read More
May 19, 2021
Featured Insight

Commercial Leases During the COVID-19 Lockdown: Where are we Headed?

Ontario has also passed legislation to protect commercial tenants.

Read More
May 17, 2021
Featured Insight

Ontario’s New Excess Soil Regulations – Construction Contract Implications

Ontario’s new On-Site and Excess Soil Management Regulation, O. Reg 406/19 may impact existing and future construction contracts

Read More
May 5, 2021
Featured Insight

April 30 Update: Amendments to Policy Statement 5 and Policy Statement 6- Extension of the Early Marketing Period in Response to COVID-19

This bulletin outlines the recently announced amendments to Policy Statement 5 and Policy Statement 6 by the Office of the Superintendent of Real Estate.

Read More
Apr 30, 2021
Featured Insight

Commercial Landlord and Tenant Insolvencies: The Need to Know for Sub-tenants

As the COVID-19 pandemic continues on, it is particularly important for sub-tenants and landlords to consider the ramifications of an insolvent head-tenant.

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Apr 13, 2021
Featured Insight

A Pending Registration Queue at the Alberta Land Titles Office – How will it work?

A primer on the new Alberta Land Titles Office registration system and how commercial real estate closing procedures may change as a result.

Read More
Apr 7, 2021
Featured Insight

LIBOR Newsflash: FCA Announces Dates for Official Cessation and Loss of Representativeness of LIBOR

FCA announces dates for the official cessation and loss of representativeness of LIBOR. Implications for Lenders.

Read More
Mar 10, 2021
Featured Insight

Unscrambling the Egg: New Guidance for Assessing Concurrent Delay on Construction Projects

A recent Ontario court decision provides new guidance on how to assess responsibility for concurrent delays in construction projects.

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Mar 10, 2021
Featured Insight

Canada Updates Official Terrorist Entities List – What It Means for Your Business

The Canadian government has placed the Proud boys on the list of terrorist entities. This announcement has certain key implications for Canadian companies.

Read More
Feb 23, 2021
Featured Insight

LIBOR Newsflash: Announcement on Official Cessation of LIBOR is Expected Soon

IBA and FCA expected to make announcement about the official cessation of LIBOR. Timelines for ceasing new issuances of LIBOR loans.

Read More
Feb 18, 2021
Featured Insight

Best practices for commercial landlords facing tenant insolvencies (adapted to the Province of Québec)

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

Read More
Feb 16, 2021
Featured Insight

Best Practices for Commercial Landlords Facing Tenant Insolvencies

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

Read More
Feb 4, 2021
Featured Insight

Emerging Competition & Data Privacy Issues for Real Estate Organizations

Changes to Canada’s privacy laws, developments with low-commission brokerages and changes to short-term rental regulations will impact real estate associations.

Read More
Feb 2, 2021
Featured Insight

The Quick and Dirty on Ontario’s New Excess Soil Regulations

A concise summary of Ontario's new excess soil regulation (O.Reg 406/19) and key takeaways for affected parties.

Read More
Jan 25, 2021
Featured Insight

A Win for Landlords: Letters of Credit and the Autonomy Principle

Five takeaways from 7636156 Canada Inc. (Re), 2020 ONCA 681.

Read More
Jan 4, 2021
Featured Insight

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

Read More
Dec 23, 2020
Featured Insight

Quebec Government Mandates Disclosure of Nominee Agreements

The Quebec Government has mandated disclosure of nominee agreements and disclosures must be filed beginning December 23, 2020.

Read More
Dec 3, 2020
Featured Insight

Update: British Columbia’s New Registry of Beneficial Ownership

Update: British Columbia's New Registry of Beneficial Ownership

Read More
Oct 6, 2020
Featured Insight

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Read More
Oct 6, 2020
Featured Insight

Expropriation of Contaminated Land and its Fair Market Valuation

Expropriation of Contaminated Land and its Fair Market Valuation

Read More
Oct 5, 2020
Featured Insight

A Tenant’s Fear of Committing to an Option to Extend a Lease May Be Costly – A Case Comment on 2324702 Ontario Inc. v. 1305 Dundas W Inc., 2020 ONCA 353

Key takeaways from the lessons learned in the recent case of a tenant which failed to exercise its right to extend its lease in strict conformity with the Lease

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Aug 24, 2020
Featured Insight

UPDATE – Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 – Travel Restrictions and Quarantine Requirements

Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 - Travel Restrictions and Quarantine Requirements.

Read More
Aug 19, 2020
Featured Insight

The Splintering of Canadian Insolvency Law: Quebec Court of Appeal Confirms Expiry of Provincial Notice Periods are a Pre-Condition to Appointment of a BIA Receiver

The Quebec court of appeal's ruling in Séquestre de Media5 Corporation has profound implications for the enforcement of secured creditor remedies in Quebec.

Read More
Aug 6, 2020
Featured Insight

Thinking About Real Estate in Canada? Practical Considerations for Structuring a Private REIT

Thinking About Real Estate in Canada? Practical Considerations for Structuring a Private REIT

Read More
Jul 30, 2020
Featured Insight

COVID-19 and Commercial Rents: The Court Decides. Amicable Resolutions are Recommended

The Superior Court of Quebec decides a case about the effects of COVID-19 on commercial rents.

Read More
Jul 24, 2020
Featured Insight

COVID-19: July 22nd Update on the Impacts to Development Applications and Hearings

Status update (July 22, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Read More
Jul 22, 2020
Featured Insight

July 20 Update: POLICY STATEMENT 17 – Extension of the Early Marketing Period in Response to COVID-19

POLICY STATEMENT 17 - Extension of the Early Marketing Period

Read More
Jul 21, 2020
Featured Insight

The LPAT and the New “Ontario Land Tribunals” Cluster

The New Ontario Land Tribunals Cluster and moving forward with hearings at the LPAT.

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Jul 6, 2020
Featured Insight

COVID-19: July 6th Update on the Impacts to Development Applications and Hearings

Status update (July 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing
applications, appeals, and municipal closures.

Read More
Jul 6, 2020
Featured Insight

Protecting Small Business Act, 2020 – Ontario’s Temporary Ban on Commercial Tenant Evictions

This Act was enacted to temporarily protect commercial tenants from eviction for rent arrears as a result of the effects of COVID-19 under eligible tenancies.

Read More
Jun 29, 2020
Featured Insight

COVID-19 and Commercial Tenancies – Alberta’s Commercial Tenancies Protection Act

A summary of Alberta's Commercial Tenancies Protection Act, proposed legislation that provides temporary
protections for commercial tenants during COVID-19.

Read More
Jun 26, 2020
Featured Insight

Material Adverse Effect Clauses in a COVID-19 World

Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.

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Jun 23, 2020
Featured Insight

Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing

How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices

Read More
Jun 11, 2020
Featured Insight

COVID-19: June 3rd Update on the Impacts to Development Applications and Hearings

Status update (June 3, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Read More
Jun 3, 2020
Featured Insight

May 22 Update: Rent Relief on its Way for Small Businesses and Commercial Landlords

Rent Relief for Small Business Businesses (Canada Emergency Commercial Rent Assistance)

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May 22, 2020
Featured Insight

Court Dismisses Interim Relief Sought by Homeowners Currently Challenging the Speculation and Vacancy Tax Act

In November 2018, British Columbia’s provincial government introduced the Speculation and Vacancy Tax Act[1] (the “Act”).

Read More
May 22, 2020
Featured Insight

COVID-19: May 20th Update on the Impacts to Development Applications and Hearings

Status update (May 20, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Read More
May 20, 2020
Featured Insight

COVID-19: May 13th Update on the Impacts to Development Applications and Hearings

Status update (May 13, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Read More
May 13, 2020
Featured Insight

COVID-19: May 6th Update on the Impacts to Development Applications and Hearings

Status update (May 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Read More
May 6, 2020
Featured Insight

April 30 Update: Rent Relief on its Way for Small Businesses and Commercial Landlords

Government announces commercial rent relief for small businesses

Read More
Apr 30, 2020
Featured Insight

POLICY STATEMENT 17 – Extension of the Early Marketing Period

In response to the COVID-19 pandemic, on April 17, 2020, the Office of the Superintendent of Real Estate (the “OSRE”) announced the issuance of Policy Statement 17.

Read More
Apr 24, 2020
Featured Insight

COVID-19: April 22nd Update on the Impacts to Development Applications and Hearings

Status update (April 22, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Read More
Apr 22, 2020
Featured Insight

COVID-19: April 15th Update on the Impacts to Development Applications and Hearings

Status update (April 15, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Read More
Apr 15, 2020
Featured Insight

Implied Trademark Licenses: A Case Study

When will a trademark license granted from one party to another be implied?  The Federal Court in the Core Consultants Realty[1] decision (“Core Consultants”) recently had an opportunity to revisit this question.

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Apr 12, 2020
Featured Insight

Project Management Amid COVID-19 – The Triage

Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.

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Apr 8, 2020
Featured Insight

The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape

Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks

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Apr 3, 2020
Featured Insight

Asking Lenders for Time to Deal with COVID-19 Problems

Guide for borrowers to discussing loan defaults and additional credit support with lenders.

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Mar 31, 2020
Featured Insight

Transport Canada Relaxes Mandatory Off-Duty Time for Truck Drivers Transporting Essential Cargo

March 24 2020 after consultation with the provinces an exemption was issued permitting trucking companies and drivers to exceed maximum on-duty and driving time

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Mar 30, 2020
Featured Insight

COVID-19: March 30th Update on the Impacts to Development Applications and Hearings

Status update (March 30, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Read More
Mar 30, 2020
Featured Insight

COVID-19: Alberta Government Announces List of Essential Services

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.

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Mar 29, 2020
Featured Insight

COVID-19: What is the Impact on Development Applications and Hearings?

Status update re: the land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Read More
Mar 23, 2020
Featured Insight

Where the Restructuring Meets the Road: the Intersection Between Insolvency Proceedings and Construction Law

COVID-19 will strain the construction industry. This bulletin explores how insolvency and restructuring concepts interact with construction law.

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Mar 20, 2020
Featured Insight

Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?

Restructuring options and challenges in the time of COVID-19.

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Mar 20, 2020
Featured Insight

Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions

Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions

Read More
Feb 27, 2020
Featured Insight

Electricity Rebates for Multi-Unit Complexes in Ontario

Legal bulletin outlining changes to Ontario provincial government rebates for electricity consumers, including changes for multi-unit complexes.

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Nov 6, 2019
Featured Insight

British Columbia’s New Beneficial Ownership Registry

Updates on British Columbia's New Beneficial Ownership registry.

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Oct 16, 2019
Featured Insight

Now We Know Who Owns the Copyright in a Registered Plan of Survey

The bulletin considers the Supreme Court of Canada's decision that the copyright in a plan of survey registered in Ontario is owned by the Ontario government.

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Oct 1, 2019
Featured Insight

Real Estate Developments: Challenges and Potential Solutions

Real Estate Developments: Challenges and Potential Solutions.

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September 24, 2019 - 8:30 am to 1:30 pm ET
Featured Insight

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

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Jun 4, 2019
Featured Insight

“Disguised expropriation” issues in an era of large infrastructure projects

Participants will benefit from the advice of the panelists on the steps to be taken when facing public authorities and the compensation they can expect.

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March 22, 2019 - 7:45 am to 9:15 am
Featured Insight

The CSAIR: Everything You Need to Know about BC’s New Pre-Sale Assignment Registry

In 2018, the British Columbia provincial government (the “Government”) published a white paper describing its proposed Land Ownership Transparency Act (the “Act”).

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Mar 12, 2019
Featured Insight

Retail Trade: Challenges, Evolution and Solutions

Retail Trade: Challenges, Evolution and Solutions.

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September 18, 2018 - 10:30 am to 2:30 pm ET
Featured Insight

Upcoming Changes to Land Ownership Disclosure Requirements in British Columbia

In June 2018, the British Columbia provincial government (the “Government”) published a white paper describing its proposed Land Ownership Transparency Act (the “Act”).

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Aug 17, 2018
Featured Insight

Anticipatory Repudiation in Real Estate Deals: Can You Terminate if the Other Party Will Breach the Agreement of Purchase and Sale?

Agreements of Purchase and Sale in real estate transactions typically state what happens when a party breaches its terms. However...

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Jul 6, 2018
Featured Insight

Who Owns Copyright in a Registered Plan of Survey – A Brief Update

In May 2018 we reported on the Ontario Court of Appeal decision in Keatley Surveying Ltd.[1] which held that a land surveyor did not own the copyright in a plan

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Jun 25, 2018
Featured Insight

No Strata Supermajority Needed to Hire Realtor, B.C. Supreme Court Confirms

The B.C. Supreme Court recently confirmed that a strata council only needs a simple majority of owners to authorize the council to hire a realtor to solicit.

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Jun 11, 2018
Featured Insight

Who Owns the Copyright in a Registered Plan of Survey?

The Court of Appeal concluded that the land surveyor did not own the copyright in a plan of survey presented for registration or deposit in the system

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May 16, 2018
Featured Insight

New Regulations Add Detail to the Construction Lien Amendment Act

Construction Lien Act changes including the introduction of a prompt payment regime, adjudication, existing holdback, lien preservation and perfection periods, bonding, and trust provisions

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Apr 27, 2018
Featured Insight

Out with the old and in with the new: transitioning from Ontario’s old Construction Lien Act to the new Construction Act

An update to our December 2017 article, where some of the most significant substantive changes to the Construction Lien Act (the "CLA") are considered.

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Feb 14, 2018
Featured Insight

The WELL Building Standard

WELL Standard is a way for owners and occupants in commercial real estate to maximize returns and efficiencies through improvements to physical environment

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Jan 8, 2018
Featured Insight

Winter is coming – and so is Ontario’s New Construction Act

Winter is coming – and so is Ontario's new Construction Act

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Dec 19, 2017
Featured Insight

The Passing of Bill 139

The Passing of Bill 139

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Dec 18, 2017
Featured Insight

Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal

Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal

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Dec 11, 2017
Featured Insight

Developer’s Right to Deposit Trumps Condo Buyer in Trump Tower Residential Strata Dispute

Developer's Right to Deposit Trumps Condo Buyer in Trump Tower Residential Strata Dispute

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Sep 27, 2017
Featured Insight

Further Changes to Ontario’s Land Transfer Tax Regime: Trust and Partnership Transparency on the Chopping Block

Further Changes to Ontario's Land Transfer Tax Regime: Trust and Partnership Transparency on the Chopping Block

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Jul 15, 2017
Featured Insight

Rolling Liability for Continuous Breaches of Commercial Leases

Rolling Liability for Continuous Breaches of Commercial Leases

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May 24, 2017
Featured Insight

Province of Ontario Announces Major Reforms to the Land Use Planning Appeal Process

Province of Ontario Announces Major Reforms to the Land Use Planning Appeal Process

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May 16, 2017
Featured Insight

Federal Jurisdiction in Municipal Matters: What Happens When the Provinces or Municipalities Step on Federal Toes?

Federal Jurisdiction in Municipal Matters: What Happens When the Provinces or Municipalities Step on Federal Toes?

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Mar 13, 2017
Featured Insight

What to Expect from Toronto’s Local Appeal Body – Knowns and Unknowns

What to Expect from Toronto's Local Appeal Body – Knowns and Unknowns

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Feb 21, 2017
Featured Insight

The Timely Exercise of Lease Renewal Rights

The Timely Exercise of Lease Renewal Rights

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Feb 10, 2017
Featured Insight

Better late than never: Court finds that landlord still entitled to payment of additional rent after forgetting to invoice tenant for 3 years

Better late than never: Court finds that landlord still entitled to payment of additional rent after forgetting to invoice tenant for 3 years

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Dec 19, 2016
Featured Insight

Ontario Increases Land Transfer Tax Rates

Ontario Increases Land Transfer Tax Rates

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Nov 17, 2016
Featured Insight

Subcontractors May Unknowingly Lack General Lien Rights

Subcontractors May Unknowingly Lack General Lien Rights

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Nov 3, 2016
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Proposed Amendments Could Shake Up Vancouver’s Short-Term Rental Market

Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market

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Oct 17, 2016
Featured Insight

The Supreme Court of Canada Renders a Long Awaited Ruling regarding the Power to Situate Radiocommunication Antenna Systems

The Supreme Court of Canada Renders a Long Awaited Ruling regarding the Power to Situate Radiocommunication Antenna Systems

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Sep 12, 2016
Featured Insight

Fundamental Breach of Commercial Leases

Fundamental Breach of Commercial Leases

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Sep 9, 2016
Featured Insight

Important Modifications to The Act Respecting Duties on Transfers of Immovables

Important Modifications to The Act Respecting Duties on Transfers of Immovables

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Apr 13, 2016
Featured Insight

BC Government Targets Foreign Buyers with Massive Tax Hike

On July 25, 2016, the BC government announced Bill 28 – Miscellaneous Statutes (Housing Priority Initiatives) Amendment Act, 2016.

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Jan 27, 2016
Featured Insight

Updated – Bill 73: Smart Growth for Our Communities Act, 2015

Updated - Bill 73: Smart Growth for Our Communities Act, 2015

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Jan 18, 2016
Featured Insight

Purchasing Your Next Piece of Property With an iPad May Have Just Become a Reality

Purchasing Your Next Piece of Property With an IPad May Have Just Become a Reality

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Jan 15, 2016
Featured Insight

The Trump Tower: Not All Developer Documents are Created Equal

The Trump Tower: Not All Developer Documents are Created Equal

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Oct 10, 2015
Featured Insight

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

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Jul 18, 2015
Featured Insight

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

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Jun 18, 2015
Featured Insight

Certainty is on the Menu: Considerations for Lower Risk Service Contracts

Certainty is on the Menu: Considerations for Lower Risk Service Contracts

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Mar 31, 2015
Featured Insight

General Damages for Mental Distress: Coming to a Contract Breach Near You?

General Damages for Mental Distress: Coming to a Contract Breach Near You?

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Feb 24, 2015
Featured Insight

Limiting Rights of First Refusal Not An Easy Business

Limiting Rights of First Refusal Not An Easy Business

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Feb 14, 2015
Featured Insight

Recent BC Decisions Quashes Rezoning and Land Swap

Recent BC Decisions Quashes Rezoning and Land Swap

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Feb 5, 2015
Featured Insight

Drafting, Exercising and Protecting Lease Renewal Rights

Drafting, Exercising and Protecting Lease Renewal Rights

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Jun 9, 2014
Featured Insight

The Mortgage Investment Corporation – an Alternative Lender

The Mortgage Investment Corporation - an Alternative Lender

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Mar 24, 2014
Featured Insight

Leasing Lessons Learned from the Alberta Flood

Leasing Lessons Learned from the Alberta Flood

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Jan 7, 2014