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 […]
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 […]
Bill 96 and its impact on real estate matters in Quebec
On June 1, 2022, An Act respecting French, the official and common language of Québec (commonly referred to as “Bill 96”) was assented to. Below is a brief summary of Bill 96’s impact on Quebec real estate matters. 1. Registration […]
Bill 96 and its impact on immovable property registrations
On May 13, 2021, the Quebec Government tabled An Act respecting French, the official and common language of Québec (“Bill 96”) in Quebec’s National Assembly. The purpose of Bill 96 is to “affirm that the only official language of Québec […]
Cross-country COVID-19 check-up
History of Canadian Government COVID-19 Rent Relief On April 24, 2020, the Government of Canada introduced the Canada Emergency Commercial Rent Assistance (CECRA) program. The CECRA program, which was run through the Canada Mortgage and Housing Corporation (CMHC), was set […]
COVID-19 in commercial leasing – the “Phantom Menace”?
As society begins to reopen in the wake of the COVID-19 pandemic, so too must businesses begin to readjust to the harsh realities of fulfilling their contractual obligations. However, the pandemic has given rise to much discussion as to the […]
Restrictive commercial use servitudes in Quebec: The door is shut
While we try to imagine what shopping centres will become after the Covid-19 pandemic ends (whenever that may be), the Quebec Court of Appeal has clearly indicated that attempts to control the commercial uses of same, by way of restrictions […]
