When negotiating a commercial lease, it is in the landlord’s best interest to require that securities be provided by the prospective tenant in order to protect the landlord against the tenant’s failure to perform its obligations under the lease. A frequent cause of a tenant’s inability to perform its obligations is its insolvency or financial difficulties.
Lors de la négociation d’un bail commercial, le bailleur a tout intérêt à exiger des garanties de son futur locataire pour se protéger en cas d’inexécution des obligations de celui-ci. Une cause fréquente du manquement par le locataire à ses obligations est son insolvabilité ou des difficultés financières. Or, il est important pour tout bailleur de savoir que la faillite d’un locataire ou le dépôt par celui-ci d’un avis d’intention ou d’une proposition aux termes de la Loi sur la faillite et l’insolvabilité (« L.F.I.
When negotiating a commercial lease, the lessor has every interest in demanding guarantees from his future tenant to protect himself in case of non-fulfillment of his obligations. A common cause of the tenant's breach of his obligations is his insolvency or financial hardship. However, it is important for any lessor to know that a tenant's bankruptcy or filing of a notice of intention or a proposal under the Bankruptcy and Insolvency Act (" LFI ") may have the effect of annihilating the protection offered by certain guarantees.
Good evening,
Below are this week’s summaries of the civil decisions of the Court of Appeal.
Topics this week included personal injury, family law, employment law, property law, mortgages, bankruptcy and insolvency and extensions of time to appeal.
Have a nice weekend.
Below are this week’s summaries of the civil decisions of the Court of Appeal.
Congratulations to our very own Bill Anderson for succeeding on our client’s appeal in Holmes v. Hatch Ltd., 2017 ONCA 880.
In this Employment law decision, the Court of Appeal allowed the appeal from the motion judge’s decision granting summary judgment against our client on the basis that the motion judge was not at liberty to find liability on a legal theory that was not pleaded by the plaintiff and which our client did not have an opportunity to properly address in the evidence.
Good evening.
Below are the summaries of this week’s civil decisions of the Court of Appeal for Ontario.
The Owners, Strata Plan VR 1966[1] marks the first time the BC Supreme Court has rejected an application to wind-up a strata corporation pursuant to Bill 40 under the Strata Property Act
Good evening.
Below are the summaries of this week’s civil decisions of the Court of Appeal for Ontario.
Good evening.
Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.
In the recent unreported decision, Bank of Nova Scotia et al v. Virginia Hills Oil Corp. et al, File No. 1701-02184, the Alberta Court of Queen’s Bench held that not all municipal property tax claims are priority secured claims in an insolvency.