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Recent Posts:
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- CONDOMINIUM LAW: 10 Day Cooling Off Period and Giving Proper Notice of Rescission
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PLZ Law Blog
Category Archives: Commercial Landlord & Tenant Issues
COMMERCIAL LEASING: Fundamental Breach and Exclusion Clauses
Date: June 9, 2010 | Author: Nick Porco, BA, JD
The second instalment in our review of the emerging trends in commercial lease jurisprudence is evident in the lawsuit relating to HREIT Holdings 45 Corp. v. R.A.S. Food Services (Kenora) Inc., where the court held that the new Landlord had lost its right to collect a higher amount of rent due to two reasons: 1) ...
COMMERCIAL LEASING: How the Court Applies Equitable Remedies
Date: June 9, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
There have been some interesting developments in commercial leasing law over the last year, among which can be seen important trends in commercial leasing jurisprudence. Equitable Remedies It has been found in the past year that the courts will make every effort to use equitable remedies in circumstances where strict contractual interpretation leads to absurd ...
What Residential Landlords are Not Normally Aware Of
Date: May 13, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
In 2002, the Conservative government provincial legislature offered some concessions to landlords by enacting a regulation allowing landlords to avoid liability for carrying out maintenance work as long as the maintenance work was carried out in a “reasonable manner”. Failing that, landlords could still avoid liability for rent reductions as long as they met a number of ...
Why Landlords are discouraged from maintaining and adding apartments to existing rental complexes
Date: May 12, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Provincial and municipal governments in the past decade have permitted infill residential development because it allows for high density housing along major transportation corridors, thereby encouraging the use of public transportation by greater numbers of people. However, the positive aspects of infill development for residential landlords are neutralized by competing interests of tenants and the interpretation ...
THE RESIDENTAL LANDORD AND COMMON HARDSHIPS
Date: May 11, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Politics and ideology continually influence the law regarding residential tenancies in Ontario, largely because of the nature of the subject. Whenever there is a major change in government in Ontario, we can expect that residential tenancies laws are changed, administered and adjudicated upon. Consequently, there follows statutory changes, in substance and in process. This shifting legislative ...
BUSINESS SENSE: Commercial Lease Enforcement & Remedies
Date: February 14, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The lease enforcement or implementation of the agreement between the landlord and the tenant should be deliberately followed to avoid any conflict and discussion. However, there are instances when the agreement will be defaulted and the remedies or solutions will be taken into consideration. Basically, the purpose of every lease agreement is to ensure a joint ...
THE BASICS OF A COMMERCIAL LEASE
Date: February 14, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The global economic recession unavoidably affected the commercial leasing market in Canada. This has caused landlords and tenants to think over their respective bargaining positions when engaging into a commercial lease negotiation. Thus, the approach of negotiating and drafting a commercial lease will inevitably take into consideration the current economic reality of the business world. After-all, a commercial lease should ...
Forgetting to Defend a Law Suit, Setting Aside the Default Judgment
Date: February 5, 2010 | Author: Nick Porco, BA, JD
I love this saying…“you can’t change the past but you can ruin the present by worrying about the future”. It applies to so many of us. Some of us become paralyzed over a mistake, a lapse in judgment, an event. The paralysis then creates an avoidance to do what you otherwise know you have/should be ...
Terminate Commercial Tenancy…Beware of the Pitfalls
Date: September 24, 2009 | Author: Nick Porco, BA, JD
I am lucky enough in my practice to handle a fair bit of commercial landlord/tenant disputes. I find this work challenging and rewarding, primarily because my clients’ interests and needs are real and immediate. Without fail, the most common problems I need to address are those of Landlords who want to terminate a tenant’s tenancy ...
