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Specific Performance: Not Extraordinary in Commercial Leasing

In light of recent caselaw, and despite popular belief, it may be time to reframe specific performance as a perfectly ordinary remedy rather than an extraordinary one. The decision of Justice Rees in The Decorators Choice...more

Key Changes to Property Control Rules: What Landlords and Tenants Need to Know Before October 7, 2024

The Competition Bureau’s public consultation process in connection with new rules related to property controls on certain exclusivity and restrictive use provisions ends on October 7, 2024, and landlords and tenants alike...more

The Double Default Rule in Real Estate Transactions

"We're ready, willing and able to close. Are you?" These are familiar words to those who buy and sell real estate. They embody the notion that, on the time appointed for the closing of the transaction, a party is ready to...more

Don’t Walk Away! Landlord Remedies on Lease Repudiation

Markets change. Situations change. Plans change. And in the face of change, tenants are often faced with future lease obligations that no longer suit their business plans. They need (or at least want) to change the deal with...more

What's Next in Office Financing in Canada?

Bennett Jones was pleased to host an oversubscribed NAIOP panel discussion on current issues in office financing, and I am happy to share my key impressions from what was a compelling and thoughtful dialogue....more

Let's Be Reasonable: Landlord Consents to Lease Assignment

What sort of things go through a commercial landlord's mind when receiving a notice from its tenant that the tenant wants consent to assign its lease? The answer is, all sorts of things. The landlord may want the space...more

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