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|Supreme Court of Canada Dismisses Toronto Real Estate Board’s Leave to Appeal - Competition Tribunal Must Reconsider Commissioner’s Application|
McCarthy Tetrault LLP;
August 1, 2014, previously published on July 30, 2014Earlier 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...
|The International Comparative Legal Guide to Real Estate.|
Nafis Adwani, Agus Ahadi Deradjat; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
August 1, 2014, previously published by Global legal group as part of its ICLG series on January 2014This article examines the real estate law in Indonesia as part of a cross border analysis.
|BC Court of Appeal Affirms Distressing Decision|
Aidan Cameron, Scott Smythe; McCarthy Tétrault LLP;
July 31, 2014, previously published on July 29, 2014On 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...
|Connecticut’s Supreme Court Clarifies Applicable Forfeiture Standards When Tenant Exercises Option to Purchase Leased Property|
Noble F. Allen; Hinckley, Allen & Snyder LLP;
July 31, 2014, previously published on July 29, 2014Commercial 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...
|Tax Increment Financing in New England|
John H. Sokul; Hinckley, Allen & Snyder LLP;
July 31, 2014, previously published on July 29, 2014As 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...
|Avoid Common Traps of Commercial Subleases|
Charles E. Miller; Bernstein Shur;
July 30, 2014, previously published on July 29, 2014If 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?
|Disclaimer and Rates Liability|
Dentons Canada LLP;
July 30, 2014, previously published on July 17, 2014A 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.
|If 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;
July 30, 2014, previously published on July 2014The 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...
|Connecticut Expands Energy Sub-Metering|
Frederic Lee Klein; Pullman & Comley, LLC;
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...
|Due Diligence Review: A Critical Step When Buying Real Property|
Kohrman Jackson Krantz PLL;
July 29, 2014, previously published on July 28, 2014It 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...