Weilers LLP

Reasonableness Can be a Two-Way Street

July 5, 2022 By Mark Mikulasik When may a commercial landlord reasonably refuse to consent to the assignment of a lease? This issue was reviewed by the Ontario Court of Appeal in the decision of Tabriz Persian Cuisine Inc. v. Highrise Property Group Inc.  THE CASE In this case, the tenant attempted to assign its […]

Covid Leases and Force Majeure

June 20, 2022 By Brian Babcock Since the pandemic began, everybody involved in commercial real estate has been looking for some definitive guidance as to the effect of a force majeure clause in a lease upon the rights of the parties during the pandemic and as a result of the pandemic. The Ontario Court of […]

Can You Get That Deposit Back?

May 23, 2022 By Brian Babcock Sometimes real estate deals go sour and do not close. If you are the purchaser, that normally means that you are entitled to the return of the deposit you paid when the agreement was signed. One of the situations in which you may not get your deposit back is […]

When Will Air Rights Be Subject to an Implied Easement?

April 2, 2022 By Mark Mikulasik Implied easements are granted very rarely, and air rights are seldom the issue, so a case addressing the combination is bound to attract attention. Add a popular shopping mall battling the City of Toronto, and you have a case we need to write about, and you may want to […]

“What Does That Mean?”

March 18, 2022 By Brian Babcock Never hesitate to ask someone who wants you to sign a contract what the terms actually mean – even if it is your own lawyer or realtor. Understanding what you are signing is important not only because you are assumed to have understood and agreed, but your questions might […]

New Limits on Planning Appeals Treated Seriously

December 29, 2021 By Brian Babcock The Ontario legislature has struggled for years for ways to streamline and simplify the planning process, including appeals, in a way that respects public interest but does not prevent orderly development. Various techniques have been tried: introducing provincial policy statements (PPS) to guide local decision making making compliance mandatory […]

When the Contract is Silent about the Ending

October 31, 2021 By Brian Babcock When do your obligations under a contract end? Most contracts provide a specific date as a deadline for performance. Others end when the outcome – the service or delivery of goods – is finished. Occasionally, however, we encounter a contract that does not provide clearly for the obligations to […]

Tenant or Owner?

September 5, 2021 By Brian Babcock Ontario’s Landlord and Tenant Board has the jurisdiction to determine the ownership of buildings, including through a simplified summary process. That determination, however, may not finally determine rights or obligations flowing from an ownership interest. In Sutton v. Riddle, the Divisional Court, which hears appeals from the Board, has […]

How much risk can you afford?

August 23, 2021 By Brian Babcock A financing condition is common in a residential agreement of purchase and sale. It exists to protect the buyers if they cannot get the necessary loan to buy the property. If not waived, it allows them to walk away and the sellers then must remarket the property, with no […]

Watch Your Lease Renewal Dates

August 23, 2021 By Brian Babcock The Ontario Court of Appeal has given the duty of good faith in performing contracts a narrow reading, refusing to apply it to grant relief from forfeiture in a situation where a commercial tenant was outside the agreed dates for attempting to renew its lease. The case involved a […]