News & Analysis as of

Canada Commercial Property Owners

Bennett Jones LLP

(Real) Estate Earnouts: The Risks and Rewards of Density Bonuses

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Valuing a commercial asset is a tricky business.Often, in the eyes of a purchaser, an asset's value is tied in part to the likelihood of future events—a significant customer order, a change in purchasing patterns, a...more

Bennett Jones LLP

Don’t Walk Away! Landlord Remedies on Lease Repudiation

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Markets change. Situations change. Plans change. And in the face of change, tenants are often faced with future lease obligations that no longer suit their business plans. They need (or at least want) to change the deal with...more

Bennett Jones LLP

Restricted Zoning: The BCCA Confirms Powers to Enact Rental-Only Bylaws Under the Local Government Act

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Last year, in V.I.T. Estates Ltd. v New Westminster (City), 2023 BCCA 183, the British Columbia Court of Appeal (BCCA) dismissed a challenge to a municipal bylaw that restricted zoning to residential rentals. The court found...more

Bennett Jones LLP

But It’s "Just" An Option! Option Risks And The Tale Of Horn v. Xylem

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We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a...more

Blake, Cassels & Graydon LLP

Exécution en nature : un redressement pas si « extraordinaire » dans un contexte de différend immobilier

Introduction - Dans deux affaires récentes, la Cour supérieure de justice de l’Ontario (la « Cour ») a rendu des décisions qui s’éloignent de la position voulant que l’exécution en nature soit un redressement «...more

Blake, Cassels & Graydon LLP

Specific Performance: Not Too “Extraordinary” of a Remedy for Real Estate Disputes

Introduction - In two recent cases, the Ontario Superior Court of Justice (Court) endorsed a shift away from the view of specific performance as an “extraordinary” remedy in the context of commercial real estate disputes. In...more

Bennett Jones LLP

Industrial Property in Alberta: Considerations for Purchase and Lease

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The industrial real estate sectors in Calgary and specifically, Rocky View County, and Edmonton, have experienced a consistent demand for both purchase and lease transactions over the past several years. This is driven by a...more

Bennett Jones LLP

What's Next in Office Financing in Canada?

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Bennett Jones was pleased to host an oversubscribed NAIOP panel discussion on current issues in office financing, and I am happy to share my key impressions from what was a compelling and thoughtful dialogue....more

Bennett Jones LLP

Good Fences Make Good Neighbours—Except When They Don't

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For a good long time, Ontario has had two systems for recording the ownership of real property: the registry system and the land titles system, and in the last few decades has been undertaking the concerted effort of...more

Blake, Cassels & Graydon LLP

Le Canada assouplit les restrictions à l’achat d’immeubles résidentiels par des non-Canadiens

Le 27 mars 2023, le gouvernement fédéral a annoncé des modifications visant à assouplir les restrictions à l’achat d’immeubles résidentiels par des non-Canadiens dans certaines circonstances. Entrées en vigueur le 27...more

Blake, Cassels & Graydon LLP

Canada Relaxes Restrictions on Non-Canadians Buying Residential Property

On March 27, 2023, the federal government announced amendments intended to relax the restrictions on non-Canadians purchasing residential property in certain circumstances. These amendments came into force as of March...more

Bennett Jones LLP

The Value of PropTech in a Post-Pandemic World

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As the COVID-19 pandemic recedes and the workforce gradually returns to the office, the commercial real estate industry will rely on PropTech to adapt. Building developers, construction companies and property managers will...more

Miller Canfield

COVID-19: Update on the Canadian Government’s Programs Supporting Businesses

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Over this last week, the Government of Canada has announced various changes to the programs that it has put in place to support businesses during the COVID-19 pandemic. This brief article provides an overview of these changes...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Taking Over or Letting Go: The Legal Ins and Outs of the Ontario ESA’s Building Services Provisions

Although it is common for building and property managers to rely on third parties for on-site services, familiarity with the building services provisions of Ontario’s Employment Standards Act, 2000 (ESA) is critical. These...more

Blake, Cassels & Graydon LLP

The Magic GST/HST Registration (or How to Make a Multimillion-Dollar GST/HST Assessment Disappear)

It is well known that a GST/HST-registered person can purchase certain types of commercial real property without paying GST/HST to the vendor. ...more

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