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Sep 17, 2009
Article
Financing land acquisitions in today's economy. Read More

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Commercial Real Estate Law

The process of determining how and when your business should be transferred to others is known as succession planning. The introduction of family members into the ownership and management of a closely-held business is one of the most important and difficult decisions that an entrepreneur can make. The planning takes time to consider and implement and needs to be coordinated with an effective tax strategy. A proper estate plan can create harmony within the family and significant tax savings. To learn more about estate planning for builders and other entrepreneurs. Read More

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Estate & Succession Planning

Wesley Isaacs co-authored “CDIC Granted Extraordinary Powers over Troubled Institutions” Banking and Finance Law Review, vol. 25:1... Read More
Jun 1, 2009
Article
Making sense of the proposed harmonized tax Read More

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Tax Law  |  Commercial Real Estate Law

As the economy continues to slide, the effects on the development industry are gradually being felt, even before developers start building. Today i... Read More

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There is nothing you can do, and it is almost certain to happen to many people in the coming months," says Leor Margulies, head of the real estate ... Read More

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So you thought you needed permission from your neighbor to swing that crane over his property? Well maybe you did, or maybe you didn’t. Read More
In a recent ground-breaking decision of the Supreme Court of Canada, the Court considered in detail an employee's obligation to minimize his or her damages after his or her employment is terminated on a not-for-cause basis when the termination is followed by an offer of reinstatement by the former employer. Read More

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Income Tax Considerations for Landlords and Tenants, (chapter in Shopping Centre Leases, Second Edition, ed. Harvey Haber, Q.C.). Read More
On May 8, 2008, Anthony Romanelli presented the attached seminar at the BILD Condominium Forum, together with other condominium consultants. As noted in the presentation, converting existing residential or commercial/industrial sites into condominiums is fraught with statutory and financial pitfalls. This presentation sheds some light on the conversion process and provides some tips on avoiding and managing the pitfalls that developers may encounter. Read More
May 8, 2008
Article
What is the Landlord's obligation to minimize its losses after its tenant has breached a commercial lease? Is a Landlord required to find a new tenant to replace the former one before it is entitled to damages for the former tenant's breach? Read More
Anthony Romanelli presented this paper at the Law Society's annual Six-Minute Commercial Leasing Seminar on February 13, 2008. The paper discusses the various statutory holidays that apply in Ontario and their impact on landlords and tenants. Special focus is placed on recent changes to the Retail Business Holidays Act and the City of Toronto's new polices pertaining to the closing of retail operations. Read More
Shopping Centre Leases - 2nd Edition (Canada Law Book 2008).   Read More

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Irving Marks and Barbara Green successfully argued a motion on behalf of the Bank of Montreal to strike out an action brought against the Bank. The Plaintiffs claimed that BMO was liable as the parent corporation for the losses they suffered from the “bad advice” they received in respect of their investments from BMO Nesbitt Burns, BMO’s subsidiary, and its subsidiary’s employee. In a precedent setting decision of the Ontario Superior Court of Justice in October, 2007, Justice Himel held that BMO could not be liable for the conduct of its subsidiary, BMO Nesbitt Burns, and the action was struck as frivolous and vexatious. Read More
Darrell Gold presented Commercial Leasing Essentials - Practice Gems at The Law Society of Upper Canada.   Read More

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The paper addresses the issue of delay claims from the developer's perspective, outlines some key concepts and issues which arise in delay claims, and provides practical tips to protect the developer even before the condominium development project encounters a delay. Some topics include: an overview of where delays can occur in a project, how to assess damages in delay claims, common defences to delay claims, a review of some typical terms in construction contracts, and a checklist for success. Read More

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Construction Law  |  Litigation & Dispute Resolution

Dec 15, 2006
Article
Our guide will assist any foreign business doing business in Canada or planning to do business in Canada. With its concise overview style, our guide is an ideal reference tool for the entrepreneur and owners of mid-sized privately-held companies. Our guide covers a broad spectrum of business matters, and provides important insight on: choosing the right business organization; taxation; the regulation of foreign investment, competition and the sale of goods and services; labour and employment; immigration; importation of goods; real estate; environmental law; intellectual property; franchising; and privacy law. Read More

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Tax Law  |  Commercial Real Estate Law  |  Business Law

The Supreme Court of Canada recently ruled on the issue of whether a so-called "social host", who invites guests to his or her home for a party, owes a duty of care to a person injured by one of its guests who have consumed alcohol. Read More

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Litigation & Dispute Resolution

In July, 2006 the Ontario Court of Appeal reversed the March, 2005 decision in 473807 Ontario Ltd. v. TDL GROUP Ltd. (Tim Hortons) and held that TDL could set off against the rent it owed to the mortgagee in possession, a damage award of approximately $700,000.00 TDL had obtained against its landlord. The set-off could amount to TDL effectively having little or no rent to pay for the balance of its lease. For the balance of this article with suggestions on how lenders can minimize their exposure to a claim for setoff by tenant, please read Darrell Gold's commentary. Read More

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Commercial Real Estate Law

Under casualty insurance policies, where the named insured is a nominee for undisclosed beneficial owners, current case law indicates the importance of advising the insurer of the relationship and possibly the identity of the beneficial owners. A failure to disclose the information to your insurer may result in the insurer denying coverage when a claim arises. This topic is now being considered in the area of title insurance pursuant to the June, 2006 decision in Nadvornianski v. Stewart Title Guaranty Co., where the Ontario Superior Court of Justice held that a "genuine issue for trial" existed with respect to whether a nominee property owner with no beneficial interest had an "insurable interest" under a title insurance policy and was entitled to claim under the policy. Read More

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Commercial Real Estate Law

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