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The Lay of the Land DEVELOPMENTS IN CANADIAN REAL PROPERTY LAW

Tag Archives: tenants

Use Clauses and Exclusive Uses – Tips for Landlords in Retail Shopping Centres

Posted in Municipal

Landlords are often faced with requests from prospective tenants for a broad use clause or “exclusive” use protection in their leases.  With an increasing number of tenants that offer similar merchandise or services, landlords must be alert to the dangers of promising tenants too general of a use clause that could conflict with the exclusive use of current tenants or impede on their ability to attract future tenants.

A recent case from the Ontario Superior Court of Justice, 2249778 Ontario Inc. v. Smith, dealt with a tenant operating as a fast food restaurant who also had an ATM installed … Continue Reading

Municipal Taxes – Vacant Unit Rebate Applications (Ontario)

Posted in Commercial

What is the test to meet in Ontario when only a portion of a commercial building is vacant?  Does the space have to be separated by walls?  Does it have to be empty?  Not necessarily on both counts.  It all depends on the facts and, a word of advice, take photos to document the vacant state.

Vacant unit rebate applications for the 2013 tax year are due February 28, 2014.  The vacant unit rebate program is found under Section 364 of the Municipal Act, 2001, S.O. 2001, c.25 and Section 331 of the City of Toronto Act, … Continue Reading