Canada, Contract Terms, Commercial Leases

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

Dickinson Wright on 9/20/2024

Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

Don’t Walk Away! Landlord Remedies on Lease Repudiation

Bennett Jones LLP on 4/25/2024

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

But It’s "Just" An Option! Option Risks And The Tale Of Horn v. Xylem

Bennett Jones LLP on 11/16/2023

We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a...more

Canadian Law: Make Sure Your Lease Isn't a Dealbreaker

Miller Canfield on 7/28/2023

When selling your business in Canada, you will face a long list of due diligence requests as the purchaser reviews all aspects of your business. If there is a lease, one key aspect of due diligence review will be the lease...more

Let's Be Reasonable: Landlord Consents to Lease Assignment

Bennett Jones LLP on 4/5/2023

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

Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

Bennett Jones LLP on 3/27/2023

Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the...more