Commercial Real Estate

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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

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.

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

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.

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.

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.

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

Ontario has also passed legislation to protect commercial tenants.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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?

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.

Update: British Columbia’s New Registry of Beneficial Ownership

Update: British Columbia's New Registry of Beneficial Ownership

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Expropriation of Contaminated Land and its Fair Market Valuation

Expropriation of Contaminated Land and its Fair Market Valuation

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

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.

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.

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

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.

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.

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

The LPAT and the New “Ontario Land Tribunals” Cluster

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

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.

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.

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.

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.

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

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.

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)

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”).

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.

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.

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.

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

Government announces commercial rent relief for small businesses

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.

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.

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.

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.

Project Management Amid COVID-19 – The Triage

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

COVID-19: April 7th Update on the Impacts to Development Applications and Hearings

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

Asking Lenders for Time to Deal with COVID-19 Problems

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

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

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.

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.

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.

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.

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

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

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

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.

British Columbia’s New Beneficial Ownership Registry

Updates on British Columbia's New Beneficial Ownership registry.

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.

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.

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”).

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”).

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...

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

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.

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

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

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.

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

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

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

The Passing of Bill 139

The Passing of Bill 139

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

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

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

Rolling Liability for Continuous Breaches of Commercial Leases

Rolling Liability for Continuous Breaches of Commercial Leases

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

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?

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

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

The Timely Exercise of Lease Renewal Rights

The Timely Exercise of Lease Renewal Rights

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

Ontario Increases Land Transfer Tax Rates

Ontario Increases Land Transfer Tax Rates

Subcontractors May Unknowingly Lack General Lien Rights

Subcontractors May Unknowingly Lack General Lien Rights

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

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

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

Fundamental Breach of Commercial Leases

Fundamental Breach of Commercial Leases

Important Modifications to The Act Respecting Duties on Transfers of Immovables

Important Modifications to The Act Respecting Duties on Transfers of Immovables

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.

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

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

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

The Trump Tower: Not All Developer Documents are Created Equal

The Trump Tower: Not All Developer Documents are Created Equal

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

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

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

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

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

Limiting Rights of First Refusal Not An Easy Business

Limiting Rights of First Refusal Not An Easy Business

Recent BC Decisions Quashes Rezoning and Land Swap

Recent BC Decisions Quashes Rezoning and Land Swap

Drafting, Exercising and Protecting Lease Renewal Rights

Drafting, Exercising and Protecting Lease Renewal Rights

The Mortgage Investment Corporation – an Alternative Lender

The Mortgage Investment Corporation - an Alternative Lender

Leasing Lessons Learned from the Alberta Flood

Leasing Lessons Learned from the Alberta Flood