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Landlords Canada

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

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including...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

Tenants Beware: The Risks of Landlord Tax Liabilities

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A recent ruling from the Tax Court of Canada underscores the significance of tenants verifying their landlords' residency status in adhering to any obligations to withhold taxes in accordance with Part XIII of the Income Tax...more

Bennett Jones LLP

British Columbia Passes Bill 35, Advancing the Homes for People Action Plan and Addressing Short-Term

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On October 26, 2023, Bill 35, the Short-Term Rental Accommodations Act received royal assent. Bill 35 was introduced as part of the NDP’s Homes for People Action Plan to combat the housing crisis and intends to regulate...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

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

Important Legislative Amendments Affecting Developers and Strata Corporations in British Columbia

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The Building and Strata Statutes Amendment Act, SBC 2022, c 41 (the Act), which came into effect on November 24, 2022, made several important changes to British Columbia's Strata Property Act (the SPA) in an effort to help...more

Stikeman Elliott LLP

Canada Introduces New Pandemic Support for Commercial Tenants, Focusing on Tourism, Hospitality and Other Hard-Hit Businesses

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On December 17, 2021, Bill C-2, federal legislation that creates two new rent support programs, became law. As their names suggest, the Tourism and Hospitality Recovery Program (THRP) and the Hardest-Hit Business Recovery...more

Blake, Cassels & Graydon LLP

Court Confirms Autonomy of Letters of Credit, Rules Landlord May Draw for Full Claim Amount

In a recent decision, the Ontario Court of Appeal (Ontario Appeal Court) reversed a lower court decision, which had created much concern among commercial landlords that routinely rely on letters of credit (LCs) to secure...more

Bennett Jones LLP

Not Just a Rent Subsidy: How CERS May Dramatically Affect You - Update November 2020

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November 20, 2020 Updates: Bill C-9, An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) was given royal assent and comes into full effect on November 20, 2020. As per the...more

Blake, Cassels & Graydon LLP

Subvention d’urgence pour le loyer du Canada : Nouvelle subvention directe destinée aux entreprises

Le 2 novembre 2020, le gouvernement fédéral a défini le cadre de la Subvention d’urgence pour le loyer du Canada (« SULC ») en déposant le projet de loi C-9, Loi modifiant la Loi de l’impôt sur le revenu (Subvention d’urgence...more

Bennett Jones LLP

Federal Government Announces Canada Emergency Rent Subsidy

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On October 9, 2020, the Government of Canada announced the Canada Emergency Rent Subsidy (CERS) program for eligible organizations. CERS will replace the Canada Emergency Commercial Rent Assistance (CECRA) program which...more

Bennett Jones LLP

Canada Emergency Commercial Rent Assistance - Update October 2020

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Updated October 8, 2020: This blog is a further update to our previous blogs of April 27, 2020, April 30, 2020, May 20, 2020, June 17, 2020 and August 18, 2020....more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated August 2020 #3)

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Recent Updates - August 24, 2020: Update reflects the extension of a number of emergency orders under the Reopening Ontario (A Flexible Response to COVID-19) Act. In particular, this extension does not include the...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated August 2020 #2)

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Recent Updates - August 13, 2020: Update reflects Windsor-Essex now joining the rest of the Province of Ontario into Stage 3. With all of Ontario is currently in Stage 3, there is a link with respect to the option for...more

Blake, Cassels & Graydon LLP

La Cour supérieure du Québec libère un locataire de son obligation de payer le loyer dans le context

Le 16 juillet 2020, la Cour supérieure du Québec (la « Cour ») a rendu un jugement particulièrement intéressant dans l’affaire Hengyun International Investment Commerce Inc. c. 9368-7614 Québec inc. Dans sa décision, le juge...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated August 2020)

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Recent Updates - August 6, 2020: Update tracks the extension of the State of Emergency in British Columbia, the end of the State of Emergency in Ontario, the end of all emergency orders with the exception of those...more

Blake, Cassels & Graydon LLP

Quebec Superior Court Grants COVID-19 Rent Relief

On July 16, 2020, the Superior Court of Quebec (Court) issued a noteworthy judgment in the matter of Hengyun International Investment Commerce Inc. v. 9368-7614 Québec inc. In this judgment, Justice Kalichman interpreted the...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated July 2020 #4)

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Recent Updates - July 28, 2020: Updates reflect the changes to Stage 3 and the extension of the Emergency Orders in Ontario, the extension of the State of Emergency in British Columbia and the updates to the Alberta...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated July 2020 #3)

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Recent Updates - July 21, 2020: Update reflects the changes to the Declaration of Emergency and the rolling out of Stage 3 in Ontario. ...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated July 2020 #2)

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Recent Updates - July 13, 2020: Updates to OCERCA are reflected as well as updates to the extension of emergency orders in Ontario, and the extension of the State of Emergency in British Columbia. ...more

Bennett Jones LLP

Overview of Real Estate Emergency Pandemic Measures (Updated July 2020)

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Recent Updates - July 7, 2020: Updates reflect the changes in Ontario, Alberta and British Columbia, as some regular court operations begin to re-open. This update also includes the extension of British Columbia's State of...more

Dickinson Wright

Protecting Small Business Act 2020

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As of June 18th, Bill 192, Protecting Small Business Act, 2020 (the “Act”) received royal assent and came into force. The Act is an amendment to the Commercial Tenancies Act of Ontario (the “CTA”) and introduces prohibitions...more

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