“Time is of the Essence” in real estate transactions
A recent unanimous decision of the Ontario Court of Appeal[1] (“ONCA”) examined the meaning of a “time is of the essence” clause in an agreement of purchase and sale and the right of a non-defaulting party to terminate the agreement […]
Lease consent considerations from a corporate due diligence perspective
Most commercial leases contain a provision that requires the tenant to obtain the landlord’s consent to any “transfer” of the lease, which usually includes, within its definition, a change of control (both direct and indirect, as well as de facto […]
Some problems fixed: Prohibition on the Purchase of Residential Property by Non-Canadians
Amendments to the regulations relating to Canada’s Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) have been made which resolve some of the most problematic aspects of this Act with respect to the production of additional […]
Dealing with redevelopment clauses in commercial leases
The saying “change is the only constant in life” is one that certainly applies these days, in the field of commercial leasing. As a result of this, an increasingly common change in the area of commercial leases is the interpretation […]
The non-Canadian residential property purchase prohibition: 3 primary areas of concern
Many readers are already aware that the Canadian government has banned, as of January 1, 2023, the purchase of residential property in Canada by non-Canadians. The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”)[1] itself dates […]
So long to adverse possession in Alberta
Under recent legislative changes, the doctrine of adverse possession can no longer be relied upon to acquire a right in or title of real property from a registered owner. The Property Rights Statutes Amendment Act, 2022 (the “Act”)[1] received royal […]
Community Benefits Charges: Existing Rates and Upcoming Changes in the More Homes Built Faster Act, 2022
Miller Thomson’s article of November 2, 2022 addressed the nature of Community Benefits Charges (“CBCs”) and their relationship with the updated development charges and parkland dedication regimes. This article will discuss the calculation methods adopted by municipalities with CBC by-laws, […]
Municipalities impose community benefits charges
Municipalities impose community benefits charges In the summer and fall of 2022, several Ontario municipalities have passed by-laws imposing Community Benefits Charges (“CBCs”) on new developments to pay for development-related capital costs under section 37 of the Planning Act. More […]
Bill 96 and its impact on real estate matters in Quebec
On June 1, 2022, An Act respecting French, the official and common language of Québec (commonly referred to as “Bill 96”) was assented to. Below is a brief summary of Bill 96’s impact on Quebec real estate matters. 1. Registration […]
COVID-19: A relief resource for commercial tenants and landlords across Canada
Miller Thomson LLP recognises this is an unprecedented time and we continue to be committed to the well-being and sustainability of our clients. The government and various other institutions have implemented a number of measures aimed at providing economic relief […]
Bill 96 and its impact on immovable property registrations
On May 13, 2021, the Quebec Government tabled An Act respecting French, the official and common language of Québec (“Bill 96”) in Quebec’s National Assembly. The purpose of Bill 96 is to “affirm that the only official language of Québec […]
Government of British Columbia announces extension to Land Owner Transparency Act filing deadline
On November 2, 2021, the Government of British Columbia (“B.C.”) announced it will be extending the deadline for pre-existing owners to file a transparency report with the Land Owner Transparency Registry (“LOTR”) until November 30, 2022. The Ministry of Finance’s […]
New house on the block(chain)
Introduction Would you trade your home for a work of art? An art critic might consider it. But what if it wasn’t art you were trading your home for, but Bitcoin? Like artwork, Bitcoin’s value is largely dependent on the […]
Cross-country COVID-19 check-up
History of Canadian Government COVID-19 Rent Relief On April 24, 2020, the Government of Canada introduced the Canada Emergency Commercial Rent Assistance (CECRA) program. The CECRA program, which was run through the Canada Mortgage and Housing Corporation (CMHC), was set […]
Client alert: British Columbia Land Owner Transparency Registry
Effective November 30, 2020, the British Columbia Land Owner Transparency Act (“LOTA”) came into force, bringing into existence the new British Columbia Land Owner Transparency Registry (“LOTR”). This is a publicly searchable registry containing names, citizenship and other information of […]
( Available in French only )
Droits sur les mutations immobilières : les récents développements
Journal Constructo – 22 février 2018 Quasi immuable depuis son adoption en 1976, la Loi concernant les droits sur les mutations immobilières a connu d’importants changements en 2017; en voici un résumé: La société prête-nom : Le mécanisme de la […]
Why REALTORS® should incorporate a Personal Real Estate Corporation (PREC) by December 31, 2020
REALTORS® now have the ability to utilize a PREC. Learn about the benefits, some questions you should ask yourself together with details and pricing for Miller Thomson’s services to REALTORS® in Setting up a Personal Real Estate Corporation. There are […]
Deal making in the new normal
As Canada steels itself in the face of a second wave of COVID-19 and the economy continues to navigate the related downturn, the commercial real estate industry, like many others, finds itself faced with significant challenges and uncertainty. Indeed the […]
Ontario REALTORS® can now use personal real estate corporations – Miller Thomson assists OREA in crafting regulatory scheme
Introduction On October 1, 2020, Regulation 536/20 under the Trust in Real Estate Services Act, 2020 (the “Regulation”) came into force, providing Ontario brokers and salespersons registered with the Real Estate Commission of Ontario (“Registrants”) the ability to incorporate a […]
New community benefits charge framework in effect
The Province of Ontario has now introduced regulations which flesh out how the Community Benefits Charges regime, initially announced in 2019 by Bill 108, the More Homes, More Choice Act (“Bill 108”) and revised by Bill 197, the COVID-19 Economic […]
COVID-19 in commercial leasing – the “Phantom Menace”?
As society begins to reopen in the wake of the COVID-19 pandemic, so too must businesses begin to readjust to the harsh realities of fulfilling their contractual obligations. However, the pandemic has given rise to much discussion as to the […]
Taking over existing leases: A tenant’s perspective
In many transactions involving the purchase and sale of a business, the seller may not own the property where the business is carried on but may have an existing lease of the property. In a situation where there is a […]
Are you interested in decreasing the expense side of the balance sheet?: Ontario assessment appeal deadline extended to May 29, 2020
The Ontario deadline to file assessment appeals under the Assessment Act, R.S.O. 1990, c. A.31. has been extended to May 29, 2020. You might be asking: Why should I care? That question is answered below. We all know that property […]
Restrictive commercial use servitudes in Quebec: The door is shut
While we try to imagine what shopping centres will become after the Covid-19 pandemic ends (whenever that may be), the Quebec Court of Appeal has clearly indicated that attempts to control the commercial uses of same, by way of restrictions […]
Unavoidable Delay – Tarion Statement of Critical Dates and Addendum Q&A COVID-19
With the rapid spread of COVID-19 across Canada and worldwide, governments and businesses are taking steps to contain the virus and flatten the curve of transmission. As a homebuilder, you might be concerned about meeting your obligations to your purchasers […]
COVID-19 and Business Interruption Claims
Coverage under a typical insurance policy for business interruption is initiated by the insured sustaining a loss caused by “direct physical loss or damage to buildings, equipment or stock”. Despite the substantial economic damage that COVID-19 continues to cause, the […]
Condo development and COVID-19: bonding, limitation periods and turnover
UPDATE: Late in the day on April 24, 2020, the Government of Ontario passed an Order amending Ontario Regulation 107/20 to permit condominium corporations to hold meetings and cast votes virtually (by telephonic or electronic means), notwithstanding any current requirements […]
“Material Change” in Condominium Developments: A Recent Court of Appeal Decision
Back in April, we looked at a Court of Appeal decision addressing disclosure to purchasers of proposed units in condominium developments. It was a cautionary tale for the risk associated with inconsistent or confusing disclosure or omitting to disclose where […]
Disclosure to Purchasers in Ontario Condominium Developments: A Recent Court of Appeal Decision and Legislative Amendments Already Addressing the Issue
To enable informed decision-making in the condominium market, the Condominium Act, 1998 (Ontario) (the “Condo Act”) imposes upon “Declarants” (the builders of new condominiums who are responsible for registering the declaration and description that will govern the property) the obligation […]
New Real Property Register Requirement
On December 10, 2016 the Forfeited Corporate Property Act, 2015 (“FCPA”) came into force in Ontario. This act makes it easier for the Government of Ontario to use or sell property that has been forfeited to the Ontario Crown upon […]
Real Estate Commissions Disputes
Realtors expect to be paid for their work when they deliver to a vendor who is similarly ready to conclude a deal, a purchaser who is willing, ready and able to purchase. In the normal course, the transaction is completed, […]
Caught by the “Net Lease” Clause?
It is difficult to find a landlord’s form of commercial or industrial lease that does not contain a “net lease” clause of some description. These clauses are usually worded to provide that the rent is absolutely net and carefree to […]
Notices of Lease in B.C.
In most jurisdictions, registering notices of lease is a relatively straightforward matter. These notices may be important to tenants or their lenders, particularly in long term leases with significant leasehold improvements. In British Columbia, the legislation does not provide for […]
Tread carefully through ‘additional name insured’ territory
One of the many tricky terms in the insurance provisions of a lease is the common clause requiring that the landlord be included as an “additional named insured” in the tenant’s commercial general liability policy (“CGL“). While it is always […]
Overholding
Sometimes, the unexpected can occur. Someone gets sick, a big contract falls through, or renovations of a new space go awry – for whatever reason, a tenant may find itself unable to vacate its premises on the termination date of […]
The Land Use Licence – A Right Without an Interest (And Why That Matters)
Just what is a land use “licence” anyway? The current edition of a Canadian leasing law textbook defines a licence as the granting of permission to another party to do something which they could not otherwise do without trespassing on […]
Long Term Leases and Ontario’s Planning Act
Section 50 of the Planning Act and its predecessor sections have been in force for many years. Subsections 50(3) and 50(5) begin with a general prohibition against any conveyance, mortgage, purchase and sale agreement, or “any agreement that has the […]
Unfolding Overholding
The recent decision of the Ontario Court of Appeal in AIM Health Group Inc. v. 40 Finchgate Limited Partnership, 2012 ONCA 795 provides a useful refresher course of landlord and tenant rights at the end of the term of a […]
For Whom Are We In Law Responsible?
The phrase “and those for whom the landlord/tenant are in law responsible” is often used in commercial leases. One would think that this responsibility includes employees, guests, invitees and agents. Does it include a third party contractor? A recent decision […]
Capital Cost Struggles
The struggle between landlords and tenants regarding capital costs is not a new one. Commercial leases address this issue in a variety of ways. A very recent decision of the Ontario Superior Court of Justice in RioCan Holdings Inc. v. […]
Laying the Foundation for a Build-to-Suit Lease
A build-to-suit (or design-build) lease is essentially a landlord/developer’s agreement to construct a purpose built building, usually for a single tenant. The landlord will typically own or ground lease the lands (and once constructed, the building) and has the option […]
Repair and Maintenance Obligations Under the Commercial Lease
A typical commercial lease places most or all of the responsibility for repairs and maintenance on the tenant, except that the tenant’s obligations may be limited in respect of reasonable wear and tear, and the landlord may be responsible for […]
The Commercial Lease — Not Just Another Contract
The undisputed seminal case on lease remedies, Highway Properties Ltd. v. Kelly, Douglas & Co. Ltd. (“Highway Properties”) was challenged a few years back by the British Columbia Court of Appeal in Evergreen Building Ltd. v. IBI Leaseholds Ltd. (“Evergreen”). […]
Lease Transfer Provisions & Corporate Tenant
Do mergers/amalgamations trigger consent rights? It is not uncommon for a national corporate tenant (especially those with international roots) to be part of a complicated organizational structure which can include cross-border elements. Tax and securities-driven reorganizations and restructurings are also […]
New Relief for Landlords from Relief from Forfeiture
Relief from forfeiture, the right of the courts to set aside any landlord termination of the lease and to reinstate the evicted tenant to the leased premises, has long been an integral part of the Canadian commercial leasing scene. In […]
