Law Of The Land

Law of the Land covers Canadian commercial real estate law.

Author: This blawg is maintained by the real estate group of Canadian law firm Lang Michener. The group handles commercial real estate matters and construction law.

Blawg Related Categories: Real Estate & Property Law • Canada • Construction Law

Recent Posts from Law of the Land

The Declining Importance of Tender in Transaction Disputes
Canadian courts continue to erode the traditional common law requirement that a non-defaulting party demonstrate its absolute willingness and ability to close a real estate transaction when responding to the default of the other party.…
Landlord's Termination Right in Lieu of Granting Consent to Sublease, Etc.
Almost all commercial leases will restrict a tenant from assigning, subleasing or otherwise dealing with its lease without the consent of the landlord, with the landlord generally agreeing to not unreasonably withhold such consent. It…
The Purchaser's Right to Rescind: Easements Materially Affecting Use
Typical language in an agreement of purchase and sale provides that the purchaser agrees to accept title “subject to any easements for sewers, drainage, public utilities, phone or cable lines or other services that do…
Principal's Liability for Acts of Agents
There are some special rules governing the liability of a principal who has an agent acting on their behalf to sign contracts. The rules are different depending upon whether the party dealing with the agent…
Title Insurers' Duty to Defend An Important Aid With Property Litigation Costs
A recently reported case Hanis v. Teevan, 92 O.R. (3rd) 594 is an October 2008 Court of Appeal decision that examined the "duty to defend" obligations under two general liability insurance policies. Dr. Hanis was…
Notices of Renewal and the Doctrine of Waiver: Case Comment on 1651788 Ontario Inc. v. 1628093 Ontario Inc.
Under the legal doctrine of waiver, a landlord’s failure to insist upon a tenant’s compliance with certain conditions of the lease may lead to the landlord being precluded from asserting that such original conditions are…
Assignability of rights of first refusal granted under a lease
A right of first refusal under a lease is a contractual right that gives the tenant the right to match any third party offer if the landlord chooses to sell the property. A right of…
Judicial Interpretation of "completely carefree net lease"
The intent of a "net" lease is to shift responsibility for the payment of expenses under the lease to the tenant. However, the case law has fairly consistently required landlords to specify particular expenses in…
How-To Brief: How To Prepare Closing Documents in a Commercial Real Estate Transaction
The Real Estate Group at Lang Michener LLP has just completed the "How-To Brief: How To Prepare Closing Documents in a Commercial Real Estate Transaction" for the Law Society of Upper Canada. This is a…
Continuous-Operation Clauses: Longwood v. Coast Capital
It is not uncommon to find a continuous-operation covenant in a commercial lease, particularly in a lease for retail space. Typical drafting requires the tenant to operate its business in the premises continuously, actively and…