Information About Law of the Land: Canadian Commercial Real Estate Blog
Recent Posts
Below is a preview of the five most recent posts from the blog Law of the Land: Canadian Commercial Real Estate Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
Withholding consent to assignments: a primer
April 28th, 2011The issue of when a landlord can refuse to consent to the assignment of a lease remains a notable source of litigation in the commercial real estate space. While lease agreements typically contain provisions permitting the tenant to assign upon... Read more »
Exercising a termination clause requires strict satisfaction of any attached conditions
April 28th, 2011The Court of Appeal for Ontario recently articulated the importance of satisfying the conditions attached to termination clauses when seeking to terminate a lease. What the trial court considered to be a largely semantic point in Dunnville Soccer Park Corp.... Read more »
Sovereign Immunity and the Challenge of Leasing to Foreign State Tenants
February 24th, 2011Leasing real property to foreign states presents a unique challenge to landlords. The operation of the doctrine of sovereign immunity, if not properly addressed in the lease instrument, can severely impact a landlord’s ability to seek recourse from the courts... Read more »
Qualifying Criteria for Real Estate Investment Trusts Expected to Improve in 2011
January 26th, 2011Real estate investment trusts (“REITs”) are publicly-traded trusts that are considered attractive investment vehicles because they offer an exemption from the tax on distributions from specified investment flow-throughs. In December 2010, the federal government announced several proposed changes... Read more »
Entitlement to Post-Closing Property Tax Refunds: 80 Mornelle Properties Inc. v. Malla Properties Ltd.
January 5th, 201180 Mornelle Properties Inc. (the “Vendor”) was the owner of an apartment building in Toronto prior to selling it to Malla Properties Inc. (the “Purchaser”) in October 2006. Before the sale, the Vendor retained lawyers to appeal the property’s tax... Read more »
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