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The Lay of the Land DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Author Archives / Albert Lin

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There’s More To Being A Millennial Than Snapping Selfies: Coworking, Key Commercial Lease Terms

Posted in Commercial

As a millennial, there are certain phenomena that I am inexplicably drawn to like a moth to a flame, one of which is this utopian vision of an office space, with an open concept design, that promotes collaboration within and between different functional teams and the cross-seeding of ideas (no mom, we do not play ping pong at work). In addition, the ever-evolving digital economy has empowered a burgeoning class of entrepreneurs that are eagerly looking for office spaces in urban centres, with smaller floor plates than what would typically be offered in commercial leases. These dynamics have contributed to … Continue Reading

Charlie and the Foosball Table: A Lesson in Good Faith and ROFR

Posted in Litigation, Policy, Residential

On a recent hot summer-like day, my neighbours’ pre-school boy, Charlie (pseudonym), sauntered over the front lawn in his pajamas to peek into my garage. Charlie had his gaze fixed on the foosball table, once a crown jewel of my college days and now just collecting dust in a corner. Charlie asked in the sweetest manner “can I play with that”? Normally, this would not be an issue. However, in an attempt to preserve all of Charlie’s limbs until at least adolescence, I replied that he could play only after I had vacated the menacing and precariously-balanced machines surrounding the … Continue Reading

Next Dance at the Retail Prom: Outlet Malls

Posted in Commercial, Construction

Like the uncertain and seemingly interminable pause after the first dance at senior prom, the Canadian retail landscape is in a state of flux, with the landlords and retailers clasped in each other’s hands anxiously awaiting the next dance. Retailers are contending with new foreign entrants and the bifurcation of consumer preference, especially in the fashion sector, towards luxury retail and value retail, leaving mid-market retailers lonely hearts in the cold dark night. … Continue Reading

Would You Like a Side of Fries With That Banking Services? Permitted Use Provision in Mall Leases

Posted in Commercial, Policy

One critical factor in the success of a multi-tenant retail centre is the ability to entice tenants occupying different niches in the consumer product market to foster an ecosystem of goods and services attractive to the target consumers.  The permitted use provision is a critical tool available to the landlords of multi-tenant retail centres in planning such an ecosystem and reserving certain uses for certain tenants.  A recent Ontario Court of Appeal decision reminds us the importance of including explicit exclusions in the permitted use provision of leases if the landlord intends for such uses to be excluded or reserved … Continue Reading