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HTMLSupreme Court of Canada Dismisses Toronto Real Estate Board’s Leave to Appeal - Competition Tribunal Must Reconsider Commissioner’s Application
McCarthy Tetrault LLP;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
Earlier this year, the Federal Court of Appeal (FCA) ruled that the Competition Tribunal (Tribunal) erred in dismissing the abuse of dominance case brought by the Commissioner of Competition (Commissioner) against the Toronto Real Estate Board (TREB). The FCA’s ruling hinged on its finding...

 

Adobe PDFThe International Comparative Legal Guide to Real Estate.
Nafis Adwani, Agus Ahadi Deradjat; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
Legal Alert/Article
August 1, 2014, previously published by Global legal group as part of its ICLG series on January 2014
This article examines the real estate law in Indonesia as part of a cross border analysis.

 

HTMLBC Court of Appeal Affirms Distressing Decision
Aidan Cameron, Scott Smythe; McCarthy Tétrault LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
On December 30, 2013, we wrote about the BC Supreme Court’s decision in Delane Industry Co. Ltd. v. PCI Properties Corp., 2013 BCSC 1397, where the Court held that a landlord’s termination of a commercial lease was ineffective because the landlord, having issued a demand letter while...

 

HTMLConnecticut’s Supreme Court Clarifies Applicable Forfeiture Standards When Tenant Exercises Option to Purchase Leased Property
Noble F. Allen; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
Commercial leases often contain provisions that provide the tenant with an option to purchase the leased property upon the satisfaction of certain conditions. The issue of what constitutes the forfeiture of a tenant’s right to exercise an option to purchase a leased property was recently...

 

HTMLTax Increment Financing in New England
John H. Sokul; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
As we all know, the easy sites in New England are gone. The large, square, flat, clean, dry sites with highway access close to large, affluent population centers have been developed. However, there are still plenty of great development (and redevelopment) opportunities. Each presents various...

 

HTMLAvoid Common Traps of Commercial Subleases
Charles E. Miller; Bernstein Shur;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
If you are a subtenant, many practical questions exist such as who will change the light bulbs, who will plow the driveway, and who is in charge if the HVAC doesn’t work or if there are other problems in the subleased premises?

 

HTMLDisclaimer and Rates Liability
Dentons Canada LLP;
Legal Alert/Article
July 30, 2014, previously published on July 17, 2014
A landlord is liable for business rates where a tenant's lease is disclaimed, even if the landlord does not take possession of the property following a disclaimer.

 

HTMLIf You Own Commercial Property, the Proposed Rule Clarifying Clean Water Act Jurisdiction Could Hamper Your Future Plans: What You Need To Know
John A. Heer, Kevin Patrick Murphy; Walter, Haverfield LLP;
Legal Alert/Article
July 30, 2014, previously published on July 2014
The proposed new rule by the U.S. EPA and U.S. Army Corps of Engineers to define "waters of the United States" under the federal Clean Water Act (CWA) could potentially have far-reaching ramifications for commercial property owners or for companies thinking of entering into a real estate...

 

HTMLConnecticut Expands Energy Sub-Metering
Frederic Lee Klein; Pullman & Comley, LLC;
Legal Alert/Article
July 29, 2014, previously published on July 22, 2014
Up until very recently, only campgrounds and marinas could sub-meter electricity usage. This meant that landlords were prohibited by law from sub-metering electricity to their tenants. As a result, any allocation of electricity use was limited to imprecise formulas based on factors such as square...

 

HTMLDue Diligence Review: A Critical Step When Buying Real Property
Kohrman Jackson Krantz PLL;
Legal Alert/Article
July 29, 2014, previously published on July 28, 2014
It astonishes me how many buyers will buy real property without conducting a thorough review of the property before closing. Most buyers will ensure a title search is ordered and buy title insurance. If a recent survey or phase I environmental review has been conducted, the buyer will typically ask...

 


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