Leasing in an Uncertain Economy

As uncertainty in financial markets continues, affecting all aspects of the economy, commercial landlords ought to consider the manner in which they approach lease agreements and their negotiation, as well as the parties with whom they conduct business.

The Landlord, the Knock Off, the Potential Liability

You’re a landlord, and your tenant is selling knock-off merchandise that violates copyright or trademark laws. In some other countries, the landlord’s liability for such violations has been the subject of court proceedings. Is Canada next?

Business property tax assessments: This time it’s technical

It took testimony from nine experts, weeks of hearings, and a review of hundreds of exhibits to interpret a statute and determine how business property should be assessed for municipal taxes. For the owners of six office tower complexes in downtown Toronto, it was well worth the effort.

Tenant bankruptcy and beyond – Spring 2008

“Bankruptcy” is commonly used to describe a number of legal situations involving a tenant’s financial distress. But with the rights and obligations of landlords and tenants determined by the true course of action taken, it pays for both sides to get the facts.

Infrastructure Quiz

How much do you know about planes, trains, and automobiles — or more specifically, the public infrastructure that supports them?

Dealing With Construction Liens

Jackhammers, nail guns, power saws…ah…the sounds of fall in the city. Recent reports estimate that residential real estate values will increase by 9.5 % this year, and that the average home price in Canada will top $300,000 for the first time. And we already know the state of affairs in commercial construction (especially in Calgary and Vancouver). But did you know that one of the natural consequences of construction is…you guessed it!….the construction lien?

Requests for Proposal

With the release of her decision in Buttcon et al. v. Toronto Electric Commissioners, Madam Justice MacFarland of the Ontario Superior Court of Justice provided some much needed guidance to understanding the legal rules applicable to the Request for Proposal process.

Structuring and Financing P3s

One of the most difficult, time consuming and important challenges facing the public sector is how to structure the Public-Private Partnership (the “P3”) to adequately protect relevant public policy and public interest objectives and concerns, while attracting the desired level of private sector involvement, private investment and risk transference to the private sector…

Update on 1497777 Ontario Inc. v. Leon’s Furniture Limited

Subtenants (and head tenants) may be surprised by the September 2003 decision of the Ontario Court of Appeal in 1497777 Ontario Inc. v. Leon’s Furniture Limited (“Leon’s”). The court overturned the June 2002 decision of the Superior Court of Justice of Ontario, which we reported in the Winter/Spring 2003 issue of The Advantage.