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The Legal Corner

Relief for tourism, hospitality and others hit hardest by COVID-19 pandemic

Darrell Gold Commercial Legal National Mar. 3 2022
Federal legislation that became law on December 17, 2021 aims to provide additional support for the tourism and hospitality sector, and other businesses that have been hit hard by the COVID-19 pandemic. Bill C-2, an Act to provide further support

Parties should specify rent consequences when force majeure triggered

Robins Appleby LLP Commercial Legal National Jan. 17 2022
In two recent decisions, the Ontario Superior Court considered the issue of whether commercial tenants were required to pay rental arrears during government-imposed COVID-19 restrictions, with opposite outcomes. In the March 2021 case of Windsor-Essex Catholic District School Board v

Proof of vaccination: An evolving issue for residential condo and apt. properties     

Darrell Gold Residential Legal National Nov. 2 2021
As of October 22, 2021, Ontario started to issue and require the use of Canadian proof of vaccination against COVID-19 (POV) in order to use various federal and provincial services including travel, as well as to access certain indoor businesses

Extension of the moratorium on commercial tenancy evictions: Ontario. Reg. 763/20

Darrell Gold Commercial Legal Ontario Jan. 18 2021
In December, we wrote about Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 (“Bill 229”) which replaced the Canada Emergency Commercial Rent Assistance program (CECRA) with the Canada Emergency Rent Subsidy program (CERS) program. Coupled with

Silence can hurt you: More clarity on the contractual duty to act honestly

Darrell Gold Commercial Legal National Jan. 14 2021
Previously (see my article on the 2014 precedent-setting case of Bhasin v. Hrynew) the Supreme Court of Canada unanimously confirmed the duty of parties to a contract to act honestly in the performance of their respective contractual obligations (the “Honest

Letters of credit and tenant bankruptcy: good news for landlords

Darrell Gold Residential Legal National Dec. 31 2020
Commercial landlords often obtain security from their tenants with respect to their lease obligations. Such security can take the form of a security deposit, a guarantee/indemnity, a charge on the tenant’s assets by a general security agreement, a specific charge

Snow and ice claims: The Occupiers’ Liability Amendment Act. 2020 – new 60-day period for notice of a claim

Darrell Gold Residential Legal National Dec. 29 2020
The Occupiers’ Liability Amendment Act. 2020[1] (the “Act”) came into effect on December 8, 2020. The Act is short yet it has great ramifications for everyone – including residential and commercial landlords, property managers, tenants, sub-tenants, licensees, home owners and

COVID-19 Litigation: Supporting Ontario’s recovery Act, 2020 (the “Act”)

Samuel Mosonyi and Darrell Gold Residential Legal National Dec. 21 2020
My last two articles have been about the CERS program which provides a subsidy to commercial tenants, as well as Bill 229 which is now law, which provides a commercial tenant with protection (until a date to be determined) from

Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020

Darrell Gold Commercial Legal National Dec. 18 2020
As most of you are aware, the Canada Emergency Commercial Rent Assistance program (“CECRA”) for commercial tenants and landlords ended September 30, 2020 and it has now been replaced with the Canada Emergency Rent Subsidy program (“CERS”) intended to assist: commercial tenants with their lease

CERS: New benefit program assists commercial tenants, property owners

Rachel Puma Commercial Legal National Dec. 3 2020
On November 19, 2020, the federal government of Canada enacted Bill C-9, An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy, CERS) by royal assent, which came into effect on November 20, 2020.

CERS: New benefit to assist landlords, tenants, charities, not-for-profits

Darrell Gold Commercial Legal National Oct. 23 2020
As you may know, the CECRA Program ended on September 30, 2020 yet COVID 19 continues to affect tenants and landlords as well as charities and not-for-profits. As a result, on October 9, 2020 the Government of Canada announced a

COVID-19 and the CECRA Program application process explained

Rachel Puma Residential Government National Jun. 8 2020
After just over a month since the Canada Emergency Commercial Rent Assistance Program (“Program”) was announced, applications are finally being accepted. The Program is administered by Canada Mortgage and Housing Corporation (“CMHC”) and is available for eligible property owners (“EPO”)

COVID-19: Practical lease considerations, what you need to know

Rachel Puma Commercial Legal National Mar. 26 2020
We have been in the midst of a “pandemic” since March 11, 2020 when the COVID-19 outbreak was declared as such by the World Health Organization. It is at a time like this that it is prudent to have access

Loan Guarantees: Another exception to the 2-year Limitations Act period

Darrell Gold Residential Legal National Mar. 11 2020
My last article addressed the 2-year general limitation period under Ontario’s Limitations Act (the “LA“) and the 6-year limitation period under the Real Property Limitations Act (the “RPLA“) dealing with a landlord’s claim for rent arrears. There is also an

Utility arrears under a commercial lease – A ‘shocking’ decision for landlords

Darrell Gold Commercial Legal National Feb. 6 2020
On May 17, 2012 I posted an article on limitation periods for commercial lease defaults (see: https://tinyurl.com/to8pe28) and addressed a landlord’s right to collect “rent” arrears for up to 6 years after such arrears became “discoverable” under Ontario’s Real Property

‘Going All In’ – The risk of buying a new home before selling your current home

Darrell Gold Commercial Buying and Selling National Jan. 23 2020
The November 26, 2019 Ontario Court of Appeal decision in Perkins v Sheikhtavi illustrates the risk that arises for a buyer who unconditionally buys a home before selling his/her current home. The Facts: Ms. Sheikhtavi (the “Buyer“) unconditionally offered $1,871,000

Letters of credit, tenant bankruptcy and lease disclaimers – Is your LC worth the paper it’s written on?

Darrell Gold Commercial Legal National Jan. 6 2020
The October 2019 Ontario Superior Court of Justice decision in 7636156 Canada Inc. v OMERS Realty Corporation illustrates an issue that often arises between a trustee in bankruptcy and a commercial landlord: what are a landlord’s rights to claim under

Careful drafting of the use clause – Ice Cream v. Frozen Yogurt – A ‘sweet’ result for consumers

Darrell Gold Commercial Legal National Dec. 9 2019
Typically, tenants seek as broad a use as possible for their product/services, including the ability to change or expand those products/services over time. Conversely, landlords want a very narrow use to allow maximum flexibility to lease out other space as

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