Generally speaking, satellite or commercial retail unit (CRU) tenants have, in their leases in major malls, reluctantly accepted to absorb major tenants' short falls through the "adjusted gross leasable area" formulae.
A recent judgment of the Court of Appeal of Québec appears to imply that a legal hypothec of persons having taken part in the construction or renovation of an immovable (construction hypothec) is not available in the Province of Québec against the property of agencies of the Provincial crown.
Do companies have social responsibility toward their shareholders and other stakeholders? How do companies and their directors and shareholders deal with such a heavy burden? Here are some legal aspects that should be kept in mind.
Developments in the building industry require a periodic revision of contract forms that have enjoyed wide recognition as industry standard forms. With CCDC's introduction in January 2008 of a new fixed price contract form, we face the eve of a new era of industry contract forms in Canada.
The Construction Hypothec by David H. Kauffman and Guy Gilain was officially launched on March 19, 2008. Harvey J. Kirsh and David I. Bristow have commented on this book, Construction Law Reports, 68 C.L.R. (3rd) 155-313, p 155-157.
Is your lease "net net net" or "absolutely net"? Is there a legal difference between these various labels and is there any use in including a clause in a lease to the effect that the lease is "net net net" to the landlord? We will try to answer these questions with an overview of recent caselaw on this topic.
Earlier in 2007, the Supreme Court of Canada rendered a surprising decision involving the law of tenders. We believe contractors should be aware of the content of this decision which may very well have an impact on their future bids.
In this article, we will focus specifically on the claim by Development Tanaka inc. for interest and the additional indemnity by reason of contractual holdbacks Tanaka alleged to be unjustified. In order to address this claim, the Court of Appeal considered the scope of the terms used in the performance bond contract.
On April 13, 2007, the Court of Appeal ruled unanimously that evidence obtained by using subterfuge, a ruse or a ploy should not be rejected based on that fact alone. If the evidence is relevant and the means used to obtain it does not bring the administration of justice into disrepute, the evidence must be heard.
Determination of share value is an important component of shareholder agreements. When dealing with private companies, there is rarely a market outside the company, especially for shares of a minority shareholder. A mechanism must be established in order to determine the value of the shares.