Resources by Administrator

Advising the Landlord on Tenant Insolvency and Restructuring

By Administrator on October 29, 2015

In ordinary circumstances the commercial landlord-tenant relationship is extremely one-sided. In exchange for what is referred to as “quiet possession”, the tenant owes the landlord a host of monetary and non-monetary obligations and covenants usually detailed in a lengthy and complex commercial lease agreement, breach of which entitles the landlord to exercise various remedies on limited notice including termination, re-entry, distress and the right to recover damages. Subject to The Landlord and Tenant Act (“LTA”) and a few remedial restrictions that developed in antiquity, the lease agreement dictates the landlord-tenant relationship.

Tenant insolvency can significantly alter the dynamics of the lease dictated relationship – in some cases effectively re-writing the lease terms and even reversing legal priorities. To further complicate this, the nature and extent of the alteration of the lease dictated relationship varies depending upon which restructuring tool the tenant is subject to, whether it be private or Court appointed receivership, bankruptcy or debtor in possession restructuring pursuant to filings under either the Bankruptcy and Insolvency Act (“BIA”) or the Companies Creditors Arrangement Act (“CCAA”).

This paper will focus upon the following key landlord considerations when a tenant becomes the subject of different restructuring tools:

  • Impact upon the landlord’s traditional remedies;
  • Occupation rent;
  • Lease disclaimers;
  • Lease assignments; and
  • Other covenant breaches during restructuring.

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About Our Financial Services & Restructuring Practice Group

By Administrator on August 31, 2015

Financial Services and RestructuringWe help negotiate, structure and complete transactions for lenders and borrowers. When difficulties arise, we develop and implement recovery strategies, work-outs and restructurings.

Financial Services & Restructuring has business lawyers and commercial litigators skilled in banking, finance and insolvency.

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Purchasing a Condominium

By Administrator on August 31, 2015

condo cover picture Buying and owning a condominium is different than buying a house because with a house you are the sole owner but with a condo you have shared ownership in which each owner holds the title to a specific unit and has a share of common elements (e.g. lobby, roof, elevator, parking lot/garage).

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TM@Work – Summer 2015 Issue

By Administrator on July 10, 2015

Summer 2015 Newsletter Thumbnail

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Occupational Health and Safety

By Administrator on June 26, 2015

OCC health header

Our Occupational Health and Safety lawyers are well versed in the obligations imposed by the Workplace Safety and Health Act, Canada Labour Code Part II, and workplace safety criminal negligence provisions of the Criminal Code, and are experienced in assisting organizations of all types and sizes to avoid difficulties in the occupational health and safety regulatory regime.

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Occupational Health and Safety

By Administrator on April 10, 2015

Recent amendments to the Manitoba Workplace Safety and Health Act and Regulations and the Criminal Code have expanded the scope of corporate and individual criminal liability for workplace accidents and injuries. All businesses must protect themselves against workplace accidents and their costly and time-consuming repercussions.

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Personal Representative’s Duties

By Administrator on December 11, 2014

Personal Representative's Duties Header ImageThe property of a deceased is placed in the hands of a trustee, known as a personal representative. A personal representative is called an executor, when there is a Will, or an administrator when there is no Will.

The obligations of an executor arise from the moment of death. A person is not obliged to accept a position as an executor even if named in a Will. An executor can renounce this role but must do so before making any decisions regarding the deceased’s estate.

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Rights of a Beneficiary Under a Will

By Administrator on December 11, 2014

Benficiary Rights Under a Will Header ImageThere are a number of things an Executor must do before he can distribute assets.

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TM@Work – December Issue 2014

By Administrator on December 10, 2014

Contents:

  • Lawsuit Alleging Breach of The Employment Standards Code Allowed to Proceed
  • Did You Know? Amendments to The Workers Compensation Act

Download TM@Work – December Issue 2014

Preparing Your Will

By Administrator on September 30, 2014

Wills Header ImageMaking a plan to deal with your wishes upon death gives you the comfort of knowing you have done everything possible to make life easier for yourself and for those you will leave behind. Understanding the legal aspects of these issues allows you to make informed decisions in planning for your independence and for your demise. You can’t be bashful in dealing with death. It is one of the certainties of life and should be dealt with while you are able to express your wishes.

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