Categories
Commercial Tenancies – Assignments and Subleasing – Consent of Landlords
Most commercial leases contain provisions that require tenants to obtain the consent of their landlord to a proposed assignment or sublease. Additionally, they also contain provisions that the landlord will not withhold that consent unreasonably. In the absence of such...
The Supreme Court of Canada recognizes a general duty of honesty and good faith performance in contract law
A recent ground-breaking decision released by the Supreme Court of Canada has recognized a "general organizing principle of good faith contractual performance" in Canada and, more importantly, imposes a new duty of honesty in the performance of contractual obligations. While...
Commercial Leasing: It’s Not Only Your Lease That Could Matter (and how to make sure that it is)
What happens if a fire or other calamity destroys a commercial tenant's premises or property located on the premises? The Landlord, the Tenant and their advisors will certainly review various provisions of the lease, such as requirements for each of...
Franchise or Trademark License?
Franchises are sometimes presented under the guise of trademark license agreements in an attempt to avoid the requirements of the Arthur Wishart Act, which protects franchisees by imposing strict disclosure obligations on franchisors and giving rescission rights to franchisees where...
Ontario Not-for-Profit Corporations Act – Anticipated for 2016
Ontario's Not-for-Profit Corporations Act (ONCA) provides a modern legal framework for not-for-profit corporations, including charitable corporations. It sets out how not-for-profit corporations in Ontario are created, governed and dissolved. Once the ONCA is in force, existing not-for-profit corporations will have...
