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Canada Leases

Dickinson Wright

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

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Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

Blake, Cassels & Graydon LLP

Leasing Agreements in Quebec: True Lease or Financing Lease in the Context of an Insolvency?

One of the main advantages for a debtor to seek protection under the Companies’ Creditors Arrangement Act (CCAA) or the Bankruptcy and Insolvency Act (BIA) is the stay of proceedings that prevents creditors faced with a...more

Bennett Jones LLP

Let's Be Reasonable: Landlord Consents to Lease Assignment

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What sort of things go through a commercial landlord's mind when receiving a notice from its tenant that the tenant wants consent to assign its lease? The answer is, all sorts of things. The landlord may want the space...more

Bennett Jones LLP

Saskatchewan Makes it Easier to Adopt Orphan Wells

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Two recent insolvencies have resulted in the number of orphaned wells and facilities in Saskatchewan ballooning to over 4000. To reduce the burden on the Saskatchewan orphan fund, The Oil and Gas Tenure Registry Regulations...more

Bennett Jones LLP

Geothermal Resource Development: Alberta Energy Issues Guidance for Obtaining Geothermal Resource Leases

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On January 25, 2022, Alberta Energy issued Mineral Rights Information Bulletin 2022-02 (Bulletin) setting out guidance for acquiring deep geothermal resource leases for stand-alone geothermal operations in Alberta....more

Bennett Jones LLP

Crude by Rail and Negotiating Tank Car Leases: Best Practices

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Canadian crude oil exports by rail keep reaching all-time highs. Over 229,500 bbl per day were transported in August 2018, according to the National Energy Board. This was the fifth month in a row a new record has been set...more

Blake, Cassels & Graydon LLP

Quebec Court of Appeal Refines the Principles Applicable to the Characterization of Contracts

On February 15, 2018, the Supreme Court of Canada (SCC) dismissed leave to appeal in Station Mont Tremblant v. Banville-Joncas. In its decision, the Quebec Court of Appeal (Court) reaffirmed and elaborated on the principles...more

Baker Donelson

Vicarious Liability of Motor Vehicle Lessors in Canada

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The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the...more

Bennett Jones LLP

Saying You’re Right Isn’t Enough: Default Notices and Freehold Leases

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Most freehold oil and gas leases in Canada require the lessor to provide the lessee with notice of an alleged default. The lessee then has a certain amount of time to remedy the default or commence proceedings for a judicial...more

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