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  • Fungal Contamination and Commercial Leases

    Fungal contamination: a complex problem The detection of a fungal contamination problem in a building can be a complex operation. For example, recurring water infiltration due to leaks in a building’s outer envelope can create an environment that is conducive to the growth of mould in spaces not (…)

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  • Legal newsletter for real estate professionals, Number 7

    CONTENT  What Happens when an Option to Terminate is not Exercised in Accordance with its Terms? The Landlord's Obligation to Provide Peaceful Enjoyment WHAT HAPPENS WHEN AN OPTION TO TERMINATE IS NOT EXERCISED IN ACCORDANCE WITH ITS TERMS?Chantal JoubertAn option for the renewal or (…)

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  • Building Safety – New Onerous Obligations for Owners

    On March 18, 2013, the Règlement visant à améliorer la sécurité dans le bâtiment, adopted pursuant to the Building Act, came into force. The new Regulation, which became chapter VIII of the Safety Code entitled “Building”, contains rules on fire safety and on maintenance of building facades and (…)

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  • Due diligence and commercial leases

    Generally speaking, the acquisition of rental property requires a due diligence process that is usually focused on building and property conditions, property titles and lease analysis. During this phase, the purchaser will primarily be concerned about a possible right of first refusal to acquire (…)

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  • Legal newsletter for real estate professionals, Number 5

    CONTENT  Property Management : When does a breach of contract become gross negligence? Ensuring the safety of citizens is a primary obligation of the state  Property Management : When does a breach of contract become gross negligence? Louis-Martin Dubé On October 10, 2012, the Québec Court (…)

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  • Due diligence in leasing

    It is fairly common and in fact recommended, to proceed with a due diligence review of a property before its acquisition. At a minimum, title to the property is confirmed through a title search review. Often times, a much more thorough review is completed. Matters such as zoning and other legal (…)

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  • The limits of additional mortgage

    An overview of the restrictive interpretation given to additional mortgage in both the doctrine and case law. An additional mortgage is often added to the primary mortgage to better protect the creditor (available in French only). 

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  • What to do when your lessee declares bankruptcy?

    A commercial lease does not end on the sole basis that the lessee declares bankruptcy; to the contrary, the Bankruptcy and Insolvency Act (“BIA”) provides that the property of the bankrupt, including the lease, is vested in the trustee. In fact, the terms of the lease are what make it possible for (…)

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  • Legal newsletter for real estate professionals, Number 2

    CONTENT  Mortgage lenders – Duty to notify the insurer of a material change in risk Undivided co-ownership and the right of redemption Unpublished servitudes  Mortgage lenders – Duty to notify the insurer of a material change in risk Louis-Martin Dubé and Ariana Lisio All fire insurance (…)

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