Can commercial tenants suffering the effects of the pandemic on their business unilaterally stop paying rent?

In a recently reported decision of the B.C. Supreme Court, Hudson’s Bay Company ULC v. Pensionfund Investment Ltd., 2020 BCSC 1959, the court attempted to balance the competing and urgent interests of commercial landlords and tenants during the current ...

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Posted in Real Estate

This blog post is an update to our post on the Canada Emergency Rent Subsidy program (“CERS”).

On November 19, 2020, Bill C-9, an act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) (“Bill C-9”), received royal accent and CERS was enacted into law.

CERS will provide support directly to qualifying commercial Tenants and ...

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Posted in Real Estate
Your Comprehensive Guide to Compliance with the Land Owner Transparency Act (British Columbia)

Note: You can read the full article below or you can download a pdf version here. 

British Columbia’s Land Owner Transparency Act, SBC 2019, c 23 (“LOTA”) will come into force on November 30, 2020. At the same time, British Columbia’s new beneficial ownership registry ...

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Posted in Real Estate

On October 9, 2020 the Federal Government announced its intention to “introduce new, targeted support to help hard-hit businesses and other organizations experiencing a drop in revenue” due to the COVID-19 pandemic. Part of this new support includes the roll out of the Canada Emergency Rent Subsidy (“CERS”). CERS will replace the Canada Emergency Commercial ...

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Posted in Real Estate

On September 30, 2020 important changes to the Agricultural Land Commission Act, [SBC 2002] Chapter 36 and the associated regulations came into force that may significantly affect the prospects for removal of private land from the Agricultural Land Reserve (“ALR”). These changes are of particular note to private owners of ALR lands slated for future development. The ...

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Posted in Real Estate

On September 20, 2020, the Province of British Columbia confirmed by Order in Council that most of the provisions of the Land Owner Transparency Act, SBC 2019, c 23 (“LOTA”), will come into force on November 30, 2020. The Province also released the Land Owner Transparency Regulation (the “Regulation”), which will come into effect concurrently with LOTA. The ...

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Posted in Real Estate

Beginning in the fall of 2019, many strata owners in British Columbia saw their insurance premiums jump between 50% and 700% from the previous year, along with similar increases in their insurance deductibles. Although garnering less attention than the insurance crisis in the residential strata market, commercial landlords and tenants are also seeing significant ...

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Posted in Real Estate

In OSED Howe Street Vancouver Leaseholds Inc. v. FS Property Inc., 2020 BCSC 1066, the BC Supreme Court issued an interim injunction to prevent an owner from swinging a construction crane over its neighbour’s property outside of previously agreed upon hours.

The decision provides a useful exposé of what factors the court will consider in determining the appropriate ...

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Posted in Real Estate

This blog post is further to our post on the B.C. government’s revised measures for residential landlords and tenants.

On July 16, 2020 the Minister of Municipal Affairs and Housing (the “Minister”) announced a framework for rent repayment once the ban on evictions for the non-payment of rent is lifted on September 1, 2020. A ministerial order implementing the ...

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Posted in Real Estate

On June 24, 2020, the Minister of Public Safety issued a new ministerial order pursuant to the province’s Emergency Program Act relating to residential tenancies (the “New Order”). The New Order replaces the prior ministerial order dealing with residential tenancies, which we summarized in our blog here.

The New Order will impact Landlords and Tenants as follows:

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    About Us

    Our Real Estate Law Blog provides brief commentary on current legal trends and developments affecting your business. The topics addressed in Lawson Lundell’s Real Estate Law Blog are of interest to commercial real estate developers, real estate and strata agents, investors, landlords and tenants, as well as a variety of industry groups. 

    Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage. 

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