Contractual clarity and honest testimony: Food for thought
Clarity in a lease is crucial because it defines the rights and responsibilities of both the landlord and tenant from the outset, thereby minimizing the potential for misunderstandings and disputes. When a leasing dispute results in legal proceedings, the court […]
Redevelopment considerations for faith groups
Many faith groups in Canada are faced with a similar issue: dwindling congregations and financial resources coupled with aging real estate assets which are often subject to designation under the Ontario Heritage Act. Those tasked with the stewardship of places […]
Lease consent considerations from a corporate due diligence perspective
Most commercial leases contain a provision that requires the tenant to obtain the landlord’s consent to any “transfer” of the lease, which usually includes, within its definition, a change of control (both direct and indirect, as well as de facto […]
Dealing with redevelopment clauses in commercial leases
The saying “change is the only constant in life” is one that certainly applies these days, in the field of commercial leasing. As a result of this, an increasingly common change in the area of commercial leases is the interpretation […]
The UK slams the door on recklessness for deliberate exclusions
The UK Supreme Court in Grant v International Insurance Company of Hanover Limited[1] considered an insurance policy that included an exclusion for “liability arising out of deliberate acts, wilful default or neglect” of an employee. This case is significant as the […]
