The Security Deposit–Effective Security for the Landlord?

July 8, 2015

A recent Alberta case [Alignvest Private Debt Ltd. v. Surefire Industries Ltd., 2015 ABQB 148] reminds us of the limitations of the security deposit. The outcome will appear to many landlords to be counterintuitive. Landlords not surprisingly think of the security deposit as a “pot of money” available to be […]

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Bankruptcy: Eliminate the GST and Reduce the Price for Distressed...

June 22, 2010

When I receive a call from a client inquiring about the purchase of an insolvent or distressed property, one of my first questions is: “How much are the statutory claims?“. Generally, purchasers of distressed property are buying from the secured creditors (whether through a CCAA proceeding, a foreclosure or the […]

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Leases, Insurance Covenants and Subrogated Claims

April 23, 2009

In the following article, Brock Johnston explores the mysteries of subrogated claims and the risk of getting the insurance provisions of the standard commercial lease wrong. This important area leads to much confusion in the drafting of leases and to surprising results when the parties have not thought through the allocation of […]

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December 12, 2008

Commercial landlords better start paying attention. Amidst the consumer spending slump and increased business bankruptcies (up 17.1% in British Columbia from October 2007 to October 2008¹), the wave of retail store and business closures in the United States may soon be making its way up to Canada. The current economic […]

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October 7, 2008

Businesses all over the world are coming to terms with the societal and economic value of going green. While implementing a green strategy can be costly up front, the costs can frequently be recouped over time—the result being long-term benefits to those who go green but also to society at […]

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Landlord Liability for Counterfeit Goods – What Every Retai...

June 15, 2007

You are tearing around your local shopping mall desperately looking to buy a birthday gift for a significant female in your life. You spot what appears to be a very nice quilted Chanel tote bag for $75. You hesitate. Seems rather affordable for a luxury brand but then again the sales assistant […]

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Is “Fair Market Rent” Really that Fair?

February 19, 2007

In most commercial leases, “Fair Market Rent” is the standard for the rent payable during a renewal period. While most leases provide some general guidelines for how to determine “Fair Market Rent”, they typically do not set out exactly what is to be included or excluded in this determination. It […]

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A Lawyer’s View of Lease Audits

January 10, 2005

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It’s all in the measurement…

July 5, 2004

For almost 100 years, the Building Owners and Managers Association has sponsored a Standard Method for Measuring Floor Area in Office Buildings. The BOMA “standard” has undergone a number of revisions over the years but remains a widely recognized industry standard for measuring the amount of “rentable area” in an office building. […]

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Crystalline Investments Ltd. v. Domgroup Ltd. – Here’...

February 5, 2004

The Crystalline Investments Ltd. v. Domgroup Ltd.judgment of the Supreme Court of Canada was released on January 29, 2004 and here’s what it means… Suppose you are a landlord and your tenant goes bankrupt. If you have a guarantee (or indemnity or co-covenant agreement), you can recover against the guarantor / […]

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