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|Oh...By the Way....Don’t Forget To Wash Your Hands!|
John Swansinger; Buckingham, Doolittle & Burroughs, LLC;
April 10, 2015, previously published on March 27, 2015We can’t preach enough that, when it comes to construction contracts, words mean everything. I am writing about a tragic case involving the spread of Legionnaires disease being cause by shoddy workmanship in a new construction project. In 2007, Miami Valley Hospital and its corporate arm,...
|Ohio Supreme Court: Municipalities Cannot Obstruct Oil and Gas Development That the State Has Permitted|
Matthew R. Duncan, Michael J. Matasich; Buckingham, Doolittle & Burroughs, LLC;
April 10, 2015, previously published on February 19, 2015The Ohio Supreme Court has issued an important decision in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485 reaffirming the preeminent role of the State of Ohio in regulating oil and gas drilling over local municipalities.
|Why Oil and Gas Companies Should Include Tolling Provisions into Their Leases|
Barbara Y. Strnad, J. David Ziegler; Dickie, McCamey & Chilcote, P.C.;
April 10, 2015, previously published on March 2, 2015In an issue of first impression, the Pennsylvania Supreme Court unanimously held that the primary term of an oil and gas lease cannot be equitably extended by the courts in cases where the lessor has pursued an unsuccessful lawsuit challenging the validity of the lease. Wayne Harrison and Mary...
|SBA Partners with NCUA and Credit Unions to Expand Access to Loans|
Scott A. Chernich, Steven L. Owen; Foster, Swift, Collins & Smith, P.C.;
April 9, 2015, previously published on March 25, 2015Credit union members will soon have greater access to capital to start or expand a small business thanks to a joint initiative of the U.S. Small Business Administration ("SBA") and the National Credit Union Administration ("NCUA").
|Ten Things to Consider When Starting a New Business|
Steven K. Lee; Donahue Fitzgerald LLP;
April 9, 2015Before launching your business, you should develop a written plan for making your new venture successful. Your business plan should describe the purpose and major objectives of the business, as well as the strategies for achieving those objectives. A business plan typically will also include a...
|Toronto’s Development Permit System: Reset TO|
Mary Lee; McCarthy Tétrault LLP;
April 8, 2015, previously published on February 4, 2015On July 11, 2014, the City of Toronto amended its Official Plan policies to permit development permits to be used to regulate land use throughout the City. Through OPA 258, all of the City is now designated as a development permit area.
|Relief From Forfeiture: An Equitable Second Chance for Commercial Tenants|
Aidan Cameron, Patrick Williams; McCarthy Tétrault LLP;
April 8, 2015, previously published on February 17, 2015Breaching a lease may result in a tenant forfeiting its right to use and occupy the leased premises. Even where that happens, courts have a discretion to grant relief from forfeiture under section 24 of the Law and Equity Act if such relief would be fair and just in the circumstances. The recent BC...
|Legal Warranties: When Selling Real Estate in Québec, Silence Will Be Used Against You in a Court of Law|
Sébastien Thomas; McCarthy Tétrault LLP;
April 8, 2015, previously published on April 6, 2015One not familiar with the special set of rules outlined in the Civil Code of Québec (the “Civil Code”) will likely be in for a big surprise when selling real estate assets in La Belle Province: if the contractual documentation does not expressly exclude the legal warranties...
|Would You Like a Side of Fries With That Banking Services? Permitted Use Provision in Mall Leases|
Albert Lin; McCarthy Tétrault LLP;
April 8, 2015, previously published on January 27, 2015One critical factor in the success of a multi-tenant retail centre is the ability to entice tenants occupying different niches in the consumer product market to foster an ecosystem of goods and services attractive to the target consumers. The permitted use provision is a critical tool available to...
|Pending Real Estate Legislation in the Ohio Legislature|
Kohrman Jackson Krantz PLL;
April 8, 2015, previously published on March 23, 2015Spring is finally in the air and that means, among other things that the Ohio Legislature (https://www.legislature.ohio.gov/) is in session. The bills of the 131st General Assembly pending in the Ohio House and Ohio Senate related to real estate are as follows: