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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

Since the introduction of residential title insurance in Ontario, the market has grown to encompass commercial properties as well. Typically used to insure the fee simple interest of the property owner-and its lender(s), one overlooked area continues to be that of tenants - especially in regards to ground leases where significant monies are at risk should the fee owner's title be put into question or the permitted use under the lease be prevented. This Newsletter will explain what the Leasehold Title Insurance endorsement ("LTI") is, when it should be considered and what it covers and does not cover. Read More

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Serving on the Board of a charitable or not-for-profit corporation can be a very rewarding experience for the Charity/NFP and even more so for the individual. However, many people do not realize the nature and extent of the director's duties and responsibilities and the consequences for the failure to meet them. This Communique identifies the general duty of care required, the standard for such duty, some of the common sources of director liability and certain pro-active steps one can take to minimize his/her exposure. Read More

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Commercial Real Estate Law

An estate plan is not complete without a consideration of probate tax (also called "estate administration tax"), which is a provincial tax imposed on an estate when the Will of a deceased individual is submitted to the Ontario Court of Justice for certification. For information on what type of estate assets require probate, how probate tax is calculated, and examples of methods to minimize probate tax.
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Estate Planning  |  Tax Law

A breach of a "time is of the essence" clause in an agreement of purchase and sale can have dire consequences on a purchase and sale transaction, even for late delivery of a deposit. This issue is explored in greater detail in the attached article, "Don't be Late for a Very Important Date!", written by Leor Margulies and Barbara Green and presented at the November 2005 Law Society Six Minute Real Estate Lawyer. Read More
Mar 31, 2006
Article
Updates on recent case law, legislation and regulation: Apartment Building Owners: insurance premium increases in store as a result of a $13M judgment. Building Code: ontario court rules that building code does not have retroactive effect. Greenbelt Amendments: lands frozen midstream at OMB - lightning strikes again. New Home Builders: court ignores contract - orders closing date extension outside of contract. A sale of shares does not constitute "trade in real estate" under the Real Estate and Business Brokers Act. Read More

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Commercial Real Estate Law

DID YOU KNOW that a lease clause requiring a tenant to be "in occupancy" as a pre-condition to its exercise of a right to terminate its lease, does not necessarily mean physical occupation of the premises is required in order to excerise the right? Read More

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Did you know…that the "reasonable wear and tear" exception often found in the "repair and restoration" clauses of a lease can have costly consequences for a landlord and can also be detrimental to a tenant? Read More

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"Insurance and Shareholders Agreements: Key Issues to Consider Before Drafting”, East Region Solicitors Conference, 2005 Read More

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Our contractor and renovator clients (and indeed all businesses in Ontario) will be significantly affected by the new Consumer Protection Act which comes into force on July 30, 2005. The new Act grants considerable new statutory rights to consumers while imposing harsh penalties on business that violate the new Act. Anthony Romanelli has studied the new Consumer Protection Act and provides a report. Read More

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Commercial Real Estate Law

Jul 1, 2005
Article
This is a continuation of the last Communique topic on the importance of spending adequate time on the "General" or "Miscellaneous" clauses of a lease (including Notice, Severability of Clauses, Counterparts, Further Assurances and Inurement) and some issues to consider when reviewing those clauses. Read More

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Mar 1, 2005
Article
The "General" or "Miscellaneous" clauses of a lease are sometimes overlooked by the parties during negotiations in the interest of settling the "material" clauses. However, when we carefully consider why these "General" clauses are in so many agreements in one form or another, we realize that it is due to their great importance to the contract, and, in the event of a dispute under the contract, you will likely have recourse to them more often than you first thought. Read More

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Mar 1, 2004
Article
On Tuesday, March 9, 2004, Leor Margulies, one of our real estate partners, presented a paper to the Ontario Bar Association entitled Mortgage Financing Primer for the Real Estate Lawyer. The paper addresses the various types of real estate transactions requiring funding, their sources and the general business terms associated with each type of financing and type of lender.The paper deals with acquisition, construction and take out financing, as well as conventional, mezzanine and conduit sources. It represents over 20 years of Mr. Margulies' legal and business experience in the development and mortgage financing areas. Read More

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Commercial Real Estate Law

Commencing January 1, 2004, the federal Personal Information Protection and Electronic Documents Act ("PIPEDA") applies to organizations that collect, use, and disclose personal information and personal health information, in Canada, in the course of commercial activities. We have prepared and enclose for your convenience a communiqué which contains a brief summary of the steps that must be taken in order to comply with PIPEDA. Read More

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Business Law

If you are planning on listing your property for sale or lease soon with a Broker, you should read the latest edition of our Real Estate Communique before entering into the listing agreement. It deals with an Owner's liability for commission on a sale during the holdover period to a party who was introduced to the property during the term of the Agreement. Read More

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Mar 31, 2002
Article
Although ONHWP Bulletin 22 has been around since November 15, 1989, a recently certified class action law suit involving the issues of proper measurement and disclosure of condominium unit size provides a timely reminder of the need for builders to comply with these requirements. Read More
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