Beyond COVID-19: Real estate

Publication

CCAA court decides tenant still "using" leased premises despite COVID-19 restrictions

After a series of court cases in Quebec relating to the payment of rent in light of government-imposed restrictions resulting from the COVID-19 pandemic (COVID restrictions), the Superior Court of Québec rendered a decision of interest on January 5 in the context of the restructuring proceedings commenced by Groupe Dynamite Inc. and certain affiliates under the Companies’ Creditors Arrangement Act (CCAA).

Publication

Strong medicine and a bitter pill: Ontario court upholds shotgun clause despite COVID-19 pandemic

Amid the deluge of high-profile 2020 decisions relating to the impact of COVID-19, there have been some less publicized but nevertheless instructive judgments on more conventional commercial issues.

Publication

Canada’s post-CECRA economic response plan: Canada Emergency Rent Subsidy, in the nick of time

As part of Canada’s COVID-19 economic response plan, the federal government recently provided the framework for the new Canada Emergency Rent Subsidy (CERS) program, which serves as a replacement to and stands separate from the now-expired Canada Emergency Commercial Rent Assistance (CECRA) program.

Publication

Canada: Commercial lease remedies during the COVID-19 pandemic

In a series of recent cases, courts in Quebec have prevented landlords from terminating commercial leases and/or have reduced rent payable during periods where tenants were forced to close due to COVID-19, particularly where landlords did not apply for the Canada Emergency Commercial Rent Assistance program (CECRA).

Publication

Canada: CECRA program: Closed to new applicants but extensions still available for existing applicants

Further to our May 21 legal update, the terms of the Canada Emergency Commercial Rent Assistance (CECRA) for small businesses program continued to evolve over the summer and the program administrator, Canada Mortgage and Housing Corporation (CMHC), has now confirmed that there will be no further extensions of the CECRA program.

Publication

Canada: Impact of COVID-19 on the payment of commercial rent

A judgment rendered by the Superior Court of Québec last July 16 may have a considerable impact on the payment of rent by certain tenants during the pandemic.

Publication

Canada: The new Commercial Tenancies Protection Act (Alberta) – still a lot of uncertainty

Bill 23: Commercial Tenancies Protection Act (the Act) received royal assent on July 23, 2020.

Publication

Canada: Tenant insolvency issues for commercial landlords in Alberta

The coronavirus pandemic is having a devastating impact on the global economy and has caused economic activity to grind to a halt.

Publication

Canada: New details regarding Canada Emergency Commercial Rent Assistance for small businesses – Application portal opening May 25

On April 24, the federal government, in agreement with all provinces and territories, introduced the Canada Emergency Commercial Rent Assistance (CECRA) for small businesses.

Publication

Canada: What happens to my Alberta commercial real estate purchase and sale agreement during the pandemic?

Publication

Canada: Canada introduces rent relief for small businesses

The Government of Canada and all provincial and territorial governments have taken action to protect Canadians and businesses from the impacts of the COVID-19 pandemic, which has led to the introduction of the Canada Emergency Commercial Rent Assistance (CECRA) for small businesses.

Publication

Canada: Commercial lease considerations in Alberta – rent and much more

COVID-19’s impact on the economy is causing significant strain on the lease of commercial premises in Alberta, as landlords and tenants attempt to manage ongoing liabilities – including rental payments and the consequences of non-performance – within the confines of the commercial lease agreement and provincial laws.

Publication

What happens to the lease payment if a tenant goes bankrupt?

Remember, first and foremost, to consult the commercial lease to identify the clause that governs this situation, especially since a commercial lease does not terminate simply because a tenant goes bankrupt.

Publication

Pandemic: Superior force (“force majeure”) and its impact on business obligations in Quebec

On March 17, 2020, we published a legal update on the application of “force majeure” clauses and the doctrine of "frustration" in common law in the context of the COVID-19 pandemic.

Publication

Contract performance in a coronavirus world

Businesses worldwide have been forced to navigate the challenges brought on by the rapid spread of COVID-19 (coronavirus), including interruptions to supply chains and challenges in meeting contractual obligations.

Update

Global: Coronavirus outbreak: The legal implications

A comprehensive look at the coronavirus outbreak, its impact on the global supply chain and key industries, as well as practical next steps for businesses.